Lanigan & Lanigan, P.L.
831 W. Morse Blvd., Winter Park, Florida 32789
407-740-7379
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The Law
A CEO often sees business reorganization as a way to repair what’s wrong with a company and companies sometimes hire a new leader based specifically on his vision for reorganization often at the beginning of a year. Companies are feeling strong after the end of one year and are clawing their way back to health, hoping for full recovery seems to occur in January. But the plans should actually begin with the help of a skilled legal and financially-driven law firm familiar with state and national tax laws. However, before deciding to take on a new financial plan, business structure, begin firing or hiring, consult with Eric Lanigan and Roddy Lanigan to decide whether a business reorganization in Orlando or any Central Florida city is a wise economic choice. The reorganization of a company typically addresses the efficiency or inefficiency of current or past leadership and is sometimes done haphazardly in an attempt to quickly increase profits. Corporate Reorganizations Can Be Risky New chief executives often feel compelled to reorganize their companies. In fact, nearly half launch some kind of reorganization during their first two years on the job. But corporate reorganizations are risky investments of time, energy and resources, and many do little to improve the business. The process of carrying out, through agreements and legal proceedings, a business plan for winding up the affairs of, or foreclosing a mortgage upon, the property of a corporation that has become insolvent. Reorganization is ordinarily accomplished by way of a Judicial Sale of the property of the corporation. The purchasers then often form a new corporation to which a good portion of...
The Law
Eric Lanigan and Roddy Lanigan work with many clients who have been ripped off in terrible investment scams. Many times, the victim in these crimes is a senior who is lonely, needs to make money after investment losses in the stock market or in real estate. They meet someone who claims to be a financial advisor and who preys on a senior when they are alone, lonely and will divulge information to the new acquaintance. Top 5 Situations Scammers Will Look For: 1. Fear: When scammers recognize fear in an prospective victim about the financial market, investing, losses or the future they will exploit it. They’ll see an opening and will focus on the things that they know will illicit fear and an ensuing emotional response. The older investor has seen ups and downs of the market and if they become relaxed and share the investment challenges they’ve had with a scammer, that weakness will be heightened. The scammer will begin telling the senior what they want to hear, asking questions to probe past spending, trying to find out what they have in various accounts. They ask for amounts, account numbers, banking information, everything that they can in the first meeting to appear as if they’re ready to do business. Any unwillingness on the part of the senior will be criticized or challenged. They’ll push the senior for the amount of money available for investing is the ultimate goal. 2. Loneliness: Scammers look for an opening will use many tactics to ask about the senior’s family. When was the last time they called you? Do they visit? Do you...
The Law
You’ve watched too much television if you think that when you’re pulled over and asked to take a breath test that you should automatically do so. In Florida, the consequences for refusal are milder than those for a DUI conviction. The first thing you should do is call your attorney. Immediately as soon as you’re allowed. If you’ve you have been drinking and get pulled over by a police officer or state trooper and are asked to take the field sobriety test, you can face very serious legal charges if you are drunk. If your reading indicates a blood alcohol content level over the legal limit–0.08 or higher–for driving you will be charged with having committed an illegal per se offense. This means that it is automatically illegal throughout the United States to drive a vehicle with a blood alcohol level that high. If you are convicted of a DUI, then you face hefty fines, jail time, possible installation of an ignition interlock device on your car. Refusing the test does not guarantee you will not be convicted. You can still be found guilty of a DUI even if your refusal means that the state does not have proof that your blood alcohol was over.08% What can you do in order to try to avoid getting arrested for DUI or DWI is to decline the breathalyzer test. You can’t be forced to take it. It’s your choice. Yes, there’s a chance that you’ll be arrested, but if you have been drinking, getting arrested will be the least of all of the severe scenarios you will face. First, stop talking. Don’t answer questions. Try to...
The Law
As the new year approaches and entrepreneurs begin to talk about starting a new business, the first thing to tackle is formation of the business instructed by experienced asset protection and business attorneys. Eric Lanigan and Roddy Lanigan understand that debtor-creditor law can be complicated and sometimes bring on unnecessary stress. Problems can arise with creditors at any time and it is extremely important that you work with a knowledgeable attorney that understands how to protect assets. In simplest terms, asset protection deals with the legal methods and common law of defending assets of individuals and business entities from civil money judgments. The overarching goal of asset protection is to make sure your property is insulated from the claims of creditors and to make sure they play by the rules. Even though creditors can sometimes be aggressive in their attempts to seize your property, many times the debtor has significant rights that can curtail their efforts. Nevertheless, there are some important factors that go into asset protection. The identity of the debtor whether it’s an individual, a spouse, or a corporation plays an important role throughout the process because many states have their own rules depending on the debtor. The identity of the creditor and the nature of his or her claim are also essential in determining the rights of the debtor because many laws are specific to the type of claim involved. Lastly, the nature of the asset is vital because there are sometimes special rules that apply to different types of property. Furthermore, all 50 states have laws that exempt particular assets from creditors. While these can vary from state to...
The Law
Winter Park Florida attorney Eric Lanigan talks about garnishments and what happens if you’ve already got a judgment that’s been entered against you and now either that judgment creditor is coming after you or you’re assuming that he’s about to come after you to try to garnish your wages. The video is called “What to do About a Florida Wage Garnishment Judgment,” and can be viewed on the LaniganPL YouTube channel. There are two fundamentally different circumstances that can exist: 1). One is if the judgment debtor is married but the judgment is only against one of the two people. 2). And the other circumstance is where the judgment is against both husband and wife or if the judgment debtor is a single person. Right now I’m going to talk about the first scenario where the judgment debtor is married but the judgment is only against that one person. Their spouse was not named in the lawsuit and the judgment is not against them. The first thing I want to say is all kind of judgments in Florida the process from the standpoint of the creditor, it can be quite complex. And we find it’s very common quite frankly that they just screw it up. We can get the whole thing thrown out because they missed one of the procedural requirements. And the law is very clear that that law is strictly interpreted and that all of the requirements must be met to in order to have a valid garnishment. Now typically the first thing the judgment creditor comes after are your wages where you work. That garnishment is served...
Podcasts, The Law
Click to Listen. Right Click Audio as it’s playing to download to your device. Winter Park Florida business and civil litigation lawyer Eric Lanigan talks about what happens when a single person or a married couple faces wage garnishment due to a judgment. There’s a video that talks about the issue and some of the challenges and options for addressing the challenges on the LaniganPL YouTube video channel called, “Florida Wage Garnishment of Individual or Married Couple.” How to Handle Wage Garnishment Eric talks about garnishment in a range of difficult situations. Where you have a single debtor, unmarried, no children who has a judgment against them. Or you have the married couple but the judgment is against both of them. Maybe one spouse was the borrower and the other spouse signed as a guarantor. Or many times as most people know the bank will require both the husband’s and the wife’s signature in order to make a loan. In those situations, you don’t have the head of household exemption, you don’t have the tenancy by the entireties exemption. In the married situation, you can have the head of household situation, but if both of the parties work then the one who makes the the least amount their account can be garnished. But you don’t have the tenancy by the entireties exemption if the judgment is against both the husband and the wife and that’s a critical exemption in Florida. People often come in and they say, “well what do I do now? With a judgment against my wife and I, should I just transfer these assets...
Real Estate
Florida business and real estate attorneys Roddy Lanigan and Eric Lanigan have represented buyers, sellers, developers, appraisers and contractors in residential and commercial litigation. There are an increasing number of mandatory disclosure obligations placed on those who sell Florida real estate and it’s hard to keep up with all the new requirements. Here are a summary of disclosures required for Florida residential transactions units. Many of the following disclosures are required on commercial transactions. Local residential disclosures may exist so it is always prudent to inquire about such requirements before escrow closes. The Top Real Estate Claim The No. 1 claim on Errors & Omissions Insurance is “failure to disclose” an item that a buyer felt was material. There are some general guidelines to help protect against non-disclosure liability lawsuits. Part of this is ensuring that all real estate documents are reviewed by an attorney before signature. A key factor is to ensure that all disclosures are in writing and which have acknowledgment signatures. Disclosures That Are Required TDS (Transfer Disclosure Statement) This law requires sellers to give prospective buyers a written disclosure statement of items including possible easements, neighborhood issues, appliances, structural defects, modifications, and other material defects that may affect the principal’s decision in a transaction. Natural Hazards Disclosure Law The Natural Hazards Disclosure law requires the seller or seller’s agent to disclose property that is located in the following zones: Flood Hazard Zones Areas subject to unusual flood risks Very High Fire Hazard Severity Zones Areas where property owners may be obligated to undertake specific maintenance duties Wildland Fire Areas Areas wherein the state has responsibility for...
Bankruptcy, Podcasts
Click to Listen. Right Click Audio as it’s playing to download to your device. Sometimes it’s said that the bankruptcy code is filled with landmines. And to a certain extent that’s true. Florida bankruptcy lawyer Eric Lanigan wants to go over one of those landmines and that’s the IRA exemption that’s usually expected in bankruptcy. You can learn more about the issue in a video on the LaniganPL YouTube Channel entitled: “IRAs May Not Be Safe in Bankruptcy.” The general rule of thumb, Eric explains, is that the IRAs are exempt. And almost anything you read will say, ‘don’t worry about your IRA because it’s exempt from the claims of creditors in bankruptcy.’ But if you read the code though, what the code says is that if an IRA has received an IRS determination letter then there is a presumption that it is exempt. And every lawyer knows that there is a lot of danger in that word presumption because it immediately tells you that there is some ways that it might not be exempt. The Case for IRA Exemption Review And a good example of that is in a recent case involving a Merrill Lynch IRA and there’s approximately four or $500,000 dollars in this IRA. And the bankruptcy trustee in that particular case went into a boilerplate language that Merrill Lynch has a customer sign when they open an IRA. And they found in it language that to the extent that if that customer were to owe Merrill Lynch money on any other brokerage account for instance if there was a margin call on a brokerage...
The Law
A crime is a crime in Florida and you could face criminal penalties just as severe as if you were the main perpetrator even as an accessory, although you may not be considered the main perpetrator of the crime in Florida. Answer NO Questions: Call An Attorney No matter what crime you may be arrested for or accused of call an attorney immediately. Ask for your phone call and do not answer any questions no matter your innocence or guilt in the matter. Anything you say may be the wrong thing. You are not an attorney, you do not know the laws inside and out. You can damage your case answering any questions without an attorney. Contact criminal defense attorney Roddy Lanigan if you are arrested and accused of being involved in a crime. Lanigan and Lanigan, P.L., are experienced attorneys who provide aggressive representation with a personal touch. The State of Florida doesn’t make any distinction between the criminal liability of perpetrators and their accomplices. All can be punished equally, whether they actually perpetrate a crime or help to make it happen. If you helped prepare, plan, support, aid or assure that a crime occurs, you’re as guilty in the eyes of Florida law, as a principal who committed a crime. Conspirator or Accomplice? The only difference between accomplices and conspirators is that accomplices are helpers in the crime. Conspirators are principals in a crime. Conspirators are two or more who agree to commit a crime. Conspiracy is a controversial crime because conspirators can be guilty even if the crime that they agree to commit never occurs. Conspirators can be punished for illegal plans...
Bankruptcy, Podcasts
Click to Listen. Right Click Audio as it’s playing to download to your device. Eric Lanigan explains the challenges that those who file bankruptcy face when there are pre-existing judgments involved. This issue is tackled in the Lanigan & Lanigan video channel on YouTube called, “Bankruptcy Pre-Existing Judgment – Winter Park.” Another trap that everyone has to be concerned with is the pre-existing judgment. Now the good news is that the debt is discharged in bankruptcy. However any lien resulting from the judgment remains in force. Now the first question is what is a lien? And a lien is very simply the legal right to take property from you in order to satisfy a pre-existing debt. So in bankruptcy, even though the debt itself is automatically discharged the creditor still has the right under the lien to obtain property from you. And all property is liened simply by recording the judgment. And virtually all judgments are recorded. So if you have a judgment you can virtually be assured that it’s been recorded and a judgment lien exists. Now the good news the lien can be easily removed or as we say in bankruptcy avoided by simply the filing of a motion to avoid a judicial lien setting out the legal criteria. And virtually every time the court will enter an order avoiding the judicial lien the end result being then that both the debt is discharged and the lien is gone and removed from the public records. Winter Park bankruptcy attorney Eric Lanigan and Roddy Lanigan handle a wide range of economic legal issues including foreclosure, mortgage workouts, business reorganizations...
