Lanigan & Lanigan, P.L.
831 W. Morse Blvd., Winter Park, Florida 32789
407-740-7379
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The Law
Winter Park Florida business and civil litigation lawyer Eric Lanigan has practiced Florida law since 1976. In working with small, medium and large Florida businesses he has helped to protect and resolve, litigate, negotiate and provide legal advice to clients who have challenges that threaten their businesses. In all legal business decisions where an attorney’s advice is needed, Eric suggests that you don’t make a move before speaking with an attorney if your answer can decide the fate or success of your company. It’s worth taking time to speak with an experienced business lawyer who is familiar with the laws, can interpret and resolve or litigate and negotiate with you and for you. He recently posted a new YouTube video about protecting yourself by not speaking to professional licensing agents without an attorney. No matter how innocent you are, no matter how much you feel you should cooperate: don’t talk to any investigator without an attorney present. Eric talks about defending your professional license. And he’s not talking about a malpractice claim or a negligence claim. He’s talking about where someone has filed a complaint with the entity that regulates your professional license. Those can be governmental and those can be what we call SRO, or self-regulatory organizations. Professional Licensing Types: SRO–Self-Regulatory Organizations Examples of those are the Florida Bar, FINRA for stock brokers. CFP for certified financial planners, those are self-regulating organizations and they police their own members. And then there are the government-regulated and you can go to your state statute if you go in Florida if you go to the Florida Department of business and professional...
Bankruptcy, Podcasts
Click to Listen. Right Click Audio as it’s playing to download to your device. You can be sued by a bankruptcy court trustee for your assets in what’s called an adversary action. As if things weren’t challenging enough for debtors filing a Chapter 7, Chapter 11 or a Chapter 13 bankruptcy if you’re not working with an experienced attorney, you can have assets taken from you in a lawsuit. An adversary action is filed by a Florida bankruptcy trustee who believes that there is an opening, a hole, an issue, any problem with your bankruptcy paperwork that leaves you open and unprotected from a lawsuit by the court trustee. Poor financial decisions, or horrible circumstances do not matter in the bankruptcy court if you have lied, falsified, made errors or produced faulty or questionable paperwork. Your weak economic situations aren’t important. Medical bills, divorce, foreclosure, job loss often lead to bankruptcy but if you file and have holes, incompletions, incorrect information that leaves you open to a counter lawsuit, the bankruptcy will come after you. Your attorney is the one who should be able to protect you and if you select an attorney not familiar with the complexities of bankruptcy, or they file carelessly and don’t review your answers relying on you to provide adequate responses, you can be in trouble if the trustee finds a hole and away to your remaining assets which they will sue you to obtain. Consult with bankruptcy attorney Roddy Lanigan of Lanigan and Lanigan in Winter Park Florida who provides a video about this issue on the LaniganPL YouTube channel. “I want...
Bankruptcy
Well-known businesses and famous individuals have filed bankruptcy in order to reorganize their business and personal finances and get a fresh start. A Chapter 7 or Chapter 13 or a Chapter 11 bankruptcy can become a new beginning for families hit by job loss or divorce or businesses hit by hurricanes, floods or the economic downturn. You are not alone and are certainly not the only one to file bankruptcy. In the U.S. every day, more than 4,000 people file bankruptcy. Bankruptcy has evolved since biblical time. It began sometime to Italy between the 9th and 14th Century. In world history international capital markets recognized bankruptcy as far back as the mid-1500’s. England created bankruptcy laws in the 16th century. The United States’ history of bankruptcy as an economic relief began in the 1800’s. The bankruptcy law was enacted by Congress in 1800 and repealed in 1803. Bankruptcy filing was then reenacted in 1841 and once again repealed in 1843. When the civil war began the United States was under economic upheaval that would force Congress to pass another bankruptcy law in 1867. All of these laws included a bankruptcy discharge for unpaid debts. In 1867 the bankruptcy code included the protection of corporations. Famous People Who Filed Bankruptcy President William McKinley, Wolfgang Amadeus Mozart, Thomas Jefferson, Mark Twain, Charles Goodyear (Goodyear Tires), artist Rembrandt, Milton Hershey (Hershey’s Chocolate), President Ulysses S. Grant, Stan Lee (Spiderman creator), Michael Jackson, broadcaster Larry King, investor Donald Trump, entertainer MC Hammer, boxer Mike Tyson, Henry Heinz (Ketchup) and many thousands of other famous and well-known people filed bankruptcy. The clean financial and economic...
Podcasts, The Law
Click to Listen. Right Click Audio as it’s playing to download to your device. Roddy Lanigan of Lanigan and Lanigan in Winter Park, Florida, talks to you in a new YouTube video for a moment about an exciting topic in immigration law: immigration reform and it’s being debated right now in Washington and most likely will come into effect this year. It (immigration reform) most likely will affect you if you’re in this country and are a foreign national. Go ahead call me make an appointment so we can discuss how these interesting changes in the law may affect you and your status in this country. President Obama has said that comprehensive immigration reform will be a top priority for his second term. Roddy Lanigan, practices primarily in the areas of corporate law, litigation, bankruptcy, asset protection, corporate reorganization, white collar criminal, and immigration. If you’re a foreign national, it’s important to know now what the laws are and to have a working knowledge of the ever changing laws regarding your status and how it relates to the immigration reform laws being changed now. Immigration Reform Proposal One of the proposals which was first reported by USA Today, would create a new visa program for an estimated 11 million illegal immigrants living in the United States and create a path for them to become legal permanent residents within eight years. Don’t wait to find out information that will affect your future, your business and your family, consult with Roddy Lanigan to discuss your...
The Law
The best time to contact a criminal defense attorneyis immediately after an arrest or upon being asked to come in for questioning by a police officer or a detective. If you are taken into custody for questioning, don’t answer any questions. You should not subject yourself to scrutiny or a situation where you are being asked questions about a crime without having first spoken to an attorney. C0ntact Orlando Florida criminal defense attorney Roddy Lanigan. Don’t Answer Any Questions Without An Attorney What you may consider as being honest by speaking with police or a detective, may not be the best choice. An experienced attorney will be able to tell you if you should be answering questions by the police. You don’t know what the officers or detectives motives are. You don’t know the proper way to answer a question without inadvertently incriminating yourself. You don’t know if you should respond with yes or no answers or give complex responses. You may be nervous and unsure of how to answer. You may not understand the questions that will be asked of you. All of these are reasons you should ask the police officers or the detectives asking you questions for a moment to call an attorney. Consult with Roddy Lanigan, a criminal defense attorney who has practiced criminal defense since 2007 at the Winter Park, Florida, firm of Lanigan and Lanigan. If you have been arrested, don’t talk to anyone, don’t ask questions except to ask for your one phone call to a criminal defense attorney. Calling an attorney does not indicate guilt. It demonstrates that you want to...
Real Estate
You’re Not Qualified to do Foreclosure Research Foreclosed properties are not bad investment options for a home or rental property–if you know what you’re doing. Most people don’t and should consult first with an attorney familiar with the ups and downs of buying a foreclosure. You need to know who has the right to sell the property: The former homeowner or the lender? Your Friend Has a Property in Foreclosure If you don’t know the many layers of legalities involved in foreclosure, don’t try to “help” a friend by purchasing their property which is in foreclosure. First, talk with experienced Winter Park Florida real estate and foreclosure attorneys Eric Lanigan and Roddy Lanigan. Don’t try to proceed on your own because if you provide payment, sign documents and move forward without an attorney, you’re stuck with the property, or in some cases, no property and an empty bank account. Just because you do some “research” on your own doesn’t mean that you should move forward without an attorney. In any property purchase, an experienced real estate attorney should AT LEAST review the closing papers before you make a final decision to purchase a Florida foreclosure. It’s better to be prepared than to be surprised when buying a foreclosed property. Why Do Sellers “Go Into” Foreclosure? Here’s the clarification: Sellers don’t decide to go into foreclosure, they are foreclosed upon by a lender who files a lawsuit against them for not paying their mortgage. The lender would prefer to have the money, but if there’s no payment, the foreclosure will proceed. An attorney meeting is the first step toward stopping and...
The Law
There’s no good time to learn about what the criminal process is and what to expect when a criminal charge has been made. But in general, there’s an arrest for an alleged crime and a prosecutor will decide what the criminal charges filed will be. If you’ve been arrested for a crime. Your primary concern will be to quickly find an attorney ho handled multiple cases, has won cases, has had courtroom vs. classroom experience and who will fight for you. You don’t know what’s going to happen so you need to find a lawyer quickly. There are many, many Orlando criminal defense attorneys but to get the best you’ll need to know a little about the process. By learning about the criminal process, you’ll be prepared to ask your attorney questions and have an understanding of what you’ll be facing. What happens after an arrest in a criminal case? A case goes to a grand jury for a to a preliminary hearing or criminal indictment where a judge decides if the evidence shows the case should proceed. The Arrest After an arrest a police officer should read you your rights. The Miranda warning or the Miranda rights is a warning that is required to be given by police in the United States to criminal suspects in police custody or who are in a custodial interrogation before they are interrogated to inform them about their constitutional rights. Many people believe incorrectly that they can say that rights weren’t read to them, or were read incorrectly. You’d need proof and you’d need to be certain. Falsely reporting this can cause...
Bankruptcy
Don’t assume that by going to a good attorney that there will be a way to get out of paying back federal student loans through bankruptcy. Bankruptcy doesn’t eliminate federal student loan repayment nor taxes, child support, or legal settlements. If you stop paying your federal student loans and you go into default and you’re working, your paycheck becomes garnished. Maybe you’re struggling with bills and you’re only making enough to pay the rent or mortgage. Instead of getting a second job you think that you can file bankruptcy to eliminate student loan debt. It won’t work. Eric Lanigan and Roddy Lanigan nor any bankruptcy attorney will not be able to include your loans in the bankruptcy. Meet With An Attorney to Discuss Your Options Don’t default thinking you can submit your student loan in a bankruptcy. Talk with the attorneys at Lanigan and Lanigan. Eric Lanigan has been handling bankruptcies since 1976. Roddy Lanigan has been filing bankruptcies for clients since 2007. Student loan debt elimination is challenging and there are few–if any–ways out of repaying federal student loans. Before you default and stop making payments and skip out on your federal student loans, consult with Winter Park bankruptcy attorney Eric Lanigan or Roddy Lanigan. Find out if you may be able to get permanent or temporary private student loan payment relief. Federal Student Loans vs. Private Student Loans If you’re filing bankruptcy to get rid of a student loan you need to consult with an attorney. There are private student loans and federal student loans. Federal student loans cannot be included in a bankruptcy. In general, student loan dismissal, cancellation, forbearance or deferment is...
Bankruptcy
When you walk into the Orlando Florida Federal Bankruptcy court for a meeting with the trustee and your attorney, your bankruptcy papers, your assets list, your vehicle exemption, your homestead exemption are reviewed. This is a very serious meeting during which your paperwork is carefully reviewed. You’re sworn in, you will be asked questions and your entire bankruptcy case is looked at for any discrepancies. Does your attorney know what the bankruptcy exemptions are? There are many attorneys who have so many bankruptcy clients that they are not properly prepared clients for this meeting in which case you’re left to respond to the trustee. Do you know the correct bankruptcy exemptions? Eric Lanigan and Roddy Lanigan completely prepare all bankruptcy filings personally. They don’t pass paperwork off to an assistant to review. The Lanigans will tell you in your first bankruptcy meeting that you will have to tell the truth at all times. Bankruptcy Exemptions Videos by the Lanigans Florida Homestead Exemption in Bankruptcy Winter Park Florida IRAs May Not Be Safe in Bankruptcy Winter Park Florida Florida Homestead Exemption in Bankruptcy Winter Park Florida Exemptions in Bankruptcy – Florida When you have completed your bankruptcy forms, there is a common misconception that because you have an attorney that if you divulge to the attorney that you have forgotten to list an asset that it will all work out if you tell them later. This is not always true. When you turn in your bankruptcy forms, you sign the papers in front of witnesses stating that the forms are inclusive of all your assets and that you are telling...
Real Estate
Florida’s real estate market is an investor’s dream according to media accounts, but it is not the place for an amateur home buyer or first time commercial investor. Homes in foreclosure, homes being sold via short sale, HUD homes and even experienced commercial purchases can become a nightmare for sloppy, hurried buyers who don’t get their own inspections or work with an experienced real estate attorney. Properties have been sitting empty sometimes for years with no maintenance, improper and illegal repairs, non-licensed rebuilds, add-ons, roofs and buildings. If you buy a property and are just now realizing that the seller lied about a property’s pre-existing condition like a leaky roof, you now bear the responsibility of tracking down who’s to blame and why you ended up with the bad deal. Florida real estate disclosure laws are firm and clear. But desperate times have produced desperate sellers who lie. Yes, lie to get rid of the large number of ailing properties across the state. Did a Real Estate Attorney Review the Contract? Florida real estate attorney Eric Lanigan’s going to ask you whether full disclosure of the issue was made. Then he’ll ask whether you had a real estate attorney review the final documents. Hopefully you did consult with a real estate attorney. If you had then you would know that the issue was completely divulged and you didn’t question it, didn’t get your own private home inspector because you were on a budget and didn’t want to add several hundred dollars to the price of a several hundred thousand dollar home. First, you had better realize that not every...
