Posted in Asset Protection,Business & Corporate Law

In order to discharge student loan debt in bankruptcy, a debtor must show that repaying the student loan debt will cause undue hardship.

Florida Bankruptcy Courts will typically apply the Brunner test when attempting to determine undue hardship.  In order for a debtor to meet the Brunner standard for undue hardship, the debtor must show “(1) that the debtor cannot maintain, based on current income and expenses, a ‘minimal’ standard of living for herself and her dependents if forced to repay the student loans; (2) that additional circumstances exist indicating that this state of affairs is likely to persist for a significant portion of the repayment period of the student loans; and (3) that the debtor has made good faith efforts to repay the loans.”  In re Cox, 338 F.3d 1238, 1241 (11th Cir. 2003), quoting Brunner v. New York State Higher Education Services Corp., 831 F.2d 395 (2d Cir. 1987).

If you are having financial difficulty due to student loans or other debts, you should consult with a licensed Florida bankruptcy attorney.

Posted in Real Estate Law

Section 558.004, Florida Statutes, provides Florida contractors, subcontractors, suppliers, and design professionals (collectively “Contractors”) the opportunity to inspect and cure construction defects prior to the filing of a legal action.  A Florida property owner must serve a notice of claim on the Contractor at least 60 days prior to the filing of a lawsuit.  Fla. Stat. § 558.004(1).  The owner’s notice must refer to the statute and describe (i) the claim in reasonable detail sufficient to determine the general nature of each alleged construction defect and (ii) the damages or loss resulting from the defect.  The property owner should strive to serve the notice within 15 days after discovery of the defect.
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