Month: June 2017

James Schwitalla Persuades U.S. Supreme Court to Deny Certiorari to the State of Florida

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http://www.fordbaris.com/?jiiias=ikili-opsiyon-islemleri&f0a=8b On June 26, 2017, the U.S. Supreme Court denied the State of Florida’s Petition for Certiorari in the case of Fla. Dept. of Rev. v. Gonzalez (U.S. Supreme Court Case No. 16-1013).  This decision brings to an end the 5-year fight Mr Schwitalla has waged for his client.  Attorneys General of 17 other States joined the State of Florida, and filed a Brief in Support of Florida as amici curiae.

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source link The Supreme Court reached its decision only after asking Mr. Schwitalla to file a response on behalf of his client.  It then considered Mr. Schwitalla’s 8,485-word Brief in Opposition to Petition for Certirorari.  Mr. Schwitalla persuaded the Supreme Court to decline to hear the case, which sends a clear signal to all creditors that the terms of a confirmed plan are binding upon them as to all issues that were, or could have been, litigated at or before confirmation.  The Supreme Court’s decision is of great interest to Chapter 13 and Chapter 11 attorneys alike, as the State of Florida’s position – rejected by the U.S. Supreme Court – represented an attack on the finality and binding effect of confirmed plans of reorganization.

Kelly Roberts selected as 2017 Florida Super Lawyers Rising Star

source link The Bankruptcy Law Offices of James Schwitalla, P.A. is pleased to announce that Attorney Kelly Roberts has been selected as a 2017 Rising Star in the area of Bankruptcy by Florida Super Lawyers Magazine for the third year in a row! The Rising Star distinction is a Super Lawyer who is under 40 years old and has been a practicing attorney for less than 10 years.

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Florida Super Lawyers Magazine publishes each year a list of outstanding Florida lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. Only 2.5% of attorneys from each state earn this distinction. The selection process involves peer nominations and evaluations coupled with independent research by Super Lawyers.

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