- Divorce
- Child SupportOur firm also handles family law issues in bankruptcy court. Family law matters such as divorce awards and child support claims may become clams in bankruptcy when one spouse files for bankruptcy protection. Most claims arising out of a divorce proceeding cannot be discharged in Chapter 7. The rules are slightly different in Chapter 13 which provides a broader discharge. Our experience in financial matters and debtor / creditor issues assists us in analyzing our divorce client’s financial situation. Our office can guide you through this difficult process.
- Spousal SupportFor individuals filing Chapter 7, most debts, including some tax obligations, are discharged (see discussion below). Some debts, including recent tax obligations, trust fund obligations, child support and alimony generally cannot be discharged. Other debts may not be discharged if the creditor can prove improper conduct on the part of the debtor. A creditor can be held in contempt and required to pay damages for attempting to collect a debt discharged in bankruptcy.
- Wrongful DeathThe Law Offices of David W. Langley, in Fort Lauderdale, Broward County, Florida, handles civil lawsuits, including personal injury cases, products liability suits, auto accident cases and wrongful death. This includes cases involving the coronavirus or COVID-19. We are following over 100 cases nationally of coronavirus wrongful death claims. There may be liability on an employer or other party for failure to take all reasonable steps to protect employees, customers or guests from the effects of the coronavirus.
- EmbezzlementOn rare occasion a bankruptcy discharge may be denied as to one creditor if that creditor can prove that the debt was a result of fraud, embezzlement or breach of fiduciary duty. It is also possible for the entire discharge to be denied if the debtor does not cooperate completely with the Bankruptcy Court. We work carefully with our clients to make sure neither happens.
- Business DisputesWe are a business law, commercial litigation and bankruptcy firm in Fort Lauderdale, Broward County, Florida engaged in providing professional legal services to small businesses and individuals for the past 30 years. We represent clients aggressively but with personal attention to the client’s needs. We handle personal injury claims, civil and commercial lawsuits, including contract disputes and personal injury actions, contract preparation and formation of corporations, individual and corporate bankruptcy matters and creditors’ claims and collections in State Court and Bankruptcy Court. We also handle Federal litigation. We would be happy to discuss your legal needs to see if we can be of any assistance.
- Employment ContractWe can draft Florida contracts for you or your business or review contracts you have been asked to sign. We can prepare or review employment agreements, non-compete agreements, sales contracts and business agreements. Provisions in a contract that specify such things as the term of the agreement, termination provisions, and the parties rights on default, including attorneys fees, can significantly improve your protection. The initial cost of a properly prepared contract is usually small compared to the cost of a lawsuit over an ambiguous agreement. We also deal extensively in contract litigation and negotiation.
- Non-compete Agreement
- Landlord-Tenant DisputesWe handle all forms of civil and commercial lawsuits, including personal injury actions, breach of contract cases, collections and landlord-tenant matters. We represent clients in both State and Federal courts. Call for a free initial consultation. Some matters taken on a contingency fee basis (you only pay if we obtain a recovery on your behalf). Our offices are located at 8551 West Sunrise Blvd., Suite 303, Plantation, FL 33322.
- Personal InjuryWe can assist you through the difficult times following an injury and guide you through the legal process. Many personal injury cases must be taken to trial or to the brink of trial to get a reasonable result from an insurance carrier. When appropriate we try to get the client to mediation (after all injuries have been determined) to get the client settlement funds as soon as practical.
- Auto Accidents
- TrustsOne key factor for an individual to consider is the Florida homestead protection. Most states offer some form of homestead protection from creditors (not to be confused with the homestead real estate tax exemption offered in many states). Florida is one of a hand full of states that offer an unlimited homestead exemption. The purchase of a homestead is generally considered the first and most important step in protecting assets in Florida. The protection takes effect immediately upon closing on the property and taking up residence with the intent to permanently reside in the home. The property must be titled in the individuals name, not a corporation, although some courts have upheld the homestead protection for homes titled in an irrevocable trust.
- BankruptcyThe Bankruptcy Code provides for a number of separate types of bankruptcy proceedings. See our discussion of Chapters 7, Chapter 11 and Chapter 13. See our separate discussions on Bankruptcy Planning, Bankruptcy Litigation and Involuntary Bankruptcies.
- ForeclosureThe benefits of a Chapter 13 include the ability to stop foreclosure actions and reinstate a home mortgage that is in default, stop IRS collection efforts while payments are made, the ability to retain non-exempt real estate and personal assets, and a broader form of discharge. A Chapter 13 filing may also allow you to strip off second and third mortgages.
- Tax LawSome clients have only credit card debt and no other complications. Others have several mortgages, investment properties, tax issues and other difficulties. We also need to determine if a Chapter 7 filing is possible and the best course of action, or if a Chapter 13 or Chapter 11 is necessary. The fees vary accordingly.