Securities Fraud Lawyers Blog

A Securities Fraud Attorney in Tampa on Avoiding Fraud when Dealing with Investors

Published on: February 18, 2015 | by Savage Villoch Law, PLLC

A stock broker has ethical and professional responsibilities to his or her clients. Although the vast majority of complaints regarding stock brokers’ behavior are triggered when an investor’s portfolio diminishes in value, a broker is typically not liable solely on that basis. However, if you are a broker, a Securities Fraud Attorney in Tampa will advise you that being keenly aware of the following issues can maintain your work above reproach and may prove beneficial in minimizing losses.

Fair Dealing

Although generic in nature, you can do no wrong when all dealings are conducted with the highest degree of honor and integrity.

A Tampa Stock Fraud Lawyer on What Makes a Strong Securities Fraud Case

Published on: February 12, 2015 | by Savage Villoch Law, PLLC

Stockbrokers and brokerage firms have ethical and legal duties in managing their clients’ portfolios. Of course, market fluctuations are a reality and no investment comes with a guarantee, but a Tampa Stock Fraud Lawyer can explain that there are circumstances when a stock broker may be liable for financial losses.

Standard of Care

Although the standard to act in the clients’ best interests is a generic one, a Tampa stock fraud lawyer understands what is proper is based on a number of specific factors unique to each client:

Pro Bono? Jose Baez is out the $397,431.78 owed for his representation of Casey Anthony.

Published on: February 8, 2015 | by Savage Villoch Law, PLLC

By Alfred Villoch, III, with Savage, Combs & Villoch, PLLC

In October 2008, the State of Florida charged Casey Marie Anthony with first-degree murder in the death of her two-year-old child, Caylee Marie Anthony. The matter was highly publicized and dominated the national news for years. From May to June 2011, Casey Anthony stood jury trial and was represented by criminal trial lawyer, Jose Baez, in what Time Magazine called the “Social Media Trial of the Century.” Jose Baez shocked many legal pundits and even most public opinion when he ultimately secured a verdict of “not guilty” for Casey Anthony on her murder charges, along with charges of aggravated manslaughter and aggravated child abuse.

The verdict had a high price, however. Jose Baez billed $397.431.78 in legal fees for his representation. Not only that, but Casey Anthony became financially dogged elsewhere with lawsuits associated with her daughter’s death. For example, she was sued for defamation by a former babysitter, Zenaida Gonzalez, a person whom Casey Anthony initially blamed for the disappearance. Ms. Anthony was also sued for fraud and unjust enrichment by Texas EquuSearch, a company that spent at least $100,000 in searching for Caylee Anthony even though Casey Anthony already knew that Caylee was dead.

What is a Chapter 13 bankruptcy, and how is it different from a Chapter 7 case?

Published on: February 7, 2015 | by Savage Villoch Law, PLLC

By Alfred Villoch, III, with Savage, Combs & Villoch, PLLC

Only an individual (not businesses) with regular income can seek relief under Chapter 13 of the Bankruptcy Code. Chapter 13 allows individuals with regular income to propose a plan to repay all or part of their debts. Under Chapter 13, individuals file a proposed repayment plan to pay installments to their creditors over three to five years. If the individual’s monthly income is less than the applicable state median (see U.S. Trustee website, State Median Family Income by Family Size), the plan will last for only three years unless there is “cause” for additional time needed. If the individual’s current monthly income is more than the median, the proposed plan generally must be for five years. Courts will not allow plan periods of over five years. 11 U.S.C. §1322(d). During the plan period, creditors cannot start or continue collection efforts.

There are certain advantages in Chapter 13 over liquidation in a Chapter 7 case. One of the most significant advantages, Chapter 13 offers individuals an opportunity to save their homes from foreclosure. Individuals can stop foreclosure proceedings and may cure delinquent mortgage payments over time. That said, individuals must still make all monthly mortgage payments on time during the Chapter 13 plan. Another advantage is that Chapter 13 allows individuals to reschedule secured debts (other than a mortgage for their primary residence) and extend them over the life of the chapter 13 plan. Doing this may lower the payments. Chapter 13 also may protect third parties who are liable with the debtor on “consumer debts,” specifically co-signers or guarantors. Last, in Chapter 13, the individual makes plan payments to a Chapter 13 trustee who then distributes payments to creditors. Individuals do not have direct contact with creditors while under Chapter 13.

Frequently Asked Questions about Chapter 7 Bankruptcies

Published on: January 29, 2015 | by Savage Villoch Law, PLLC

Chapter 7 is a total liquidation bankruptcy. This means that you can eliminate your debt and get a fresh start with some exceptions. If you are seeking a bankruptcy, it may be in your best interests to work with Bankruptcy Lawyers in Tampa to ensure that you don’t make any costly mistakes. The following are some of the more frequently asked questions about Chapter 7 bankruptcies.

I Have Heard That I Must Attend a Class; Is This True?

Prior to filing your bankruptcy petition, you must complete a credit counseling course through an approved agency. You can generally do this online. This must be completed no earlier than six months before you file. In addition, you will need to attend a two-hour course on financial management before your bankruptcy is discharged.

Chapter 7 Bankruptcy Proceedings

Published on: January 22, 2015 | by Savage Villoch Law, PLLC

Due to the fact that there are several complex aspects of Chapter 7 bankruptcy proceedings, your Tampa bankruptcy attorney may explain several of these aspects before your hearing. Here are some of the topics that you may discuss with your bankruptcy attorney.

Appointment and Role of Trustee

A trustee is appointed at the §341(a) meeting. This individual is responsible for taking physical possession of the property owned by the debtor that is not exempt. Additionally, this individual sells the property and distributes the proceeds to various creditors. The trustee also files a final report, applications for fees and expenses and an application for the court’s final decree and discharge of the case.

Can an employer terminate your employment because you filed bankruptcy?

Published on: January 17, 2015 | by Savage Villoch Law, PLLC

By Alfred Villoch, III, Esquire, with Savage, Combs, & Villoch, PLLC

No. An employer is strictly prohibited from terminating your employment or discriminating against you in any way solely because you filed bankruptcy. Section 525 of the Bankruptcy Code is entitled “Protection against discriminatory treatment.” Subsection (b) specifically states that no private employer may terminate the employment of, or discriminate with respect to employment against, an individual who filed bankruptcy simply because he or she filed bankruptcy.

Similarly, if your employment requires a license or permit, for example, a doctor, nurse, lawyer, or financial adviser, the governmental unit that issues such license or permit cannot deny, revoke, suspend, or refuse to renew such license or permit simply because you filed bankruptcy. 11 U.S.C. § 525(a). By way of further example, a state medical licensing board cannot revoke a doctor’s license to practice medicine simple because the doctor filed bankruptcy.

Bankruptcy Creditors in a Chapter 12 Bankruptcy

Published on: January 15, 2015 | by Savage Villoch Law, PLLC

As a Tampa FL bankruptcy attorney can tell you, creditors are given 90 days from the date of the meeting of creditors in a Chapter 12 bankruptcy to file their claims.

There are four kinds of claims that are exceptions to this rule:

Claims that are the result of rejection of executory contracts.

Chapter 13 Bankruptcy: Creditor’s Claims and Debtor’s Repayment Plan

Published on: January 8, 2015 | by Savage Villoch Law, PLLC

As Tampa bankruptcy lawyers can tell you, creditors have 90 days from the date of the meeting of creditors to file their claims. There are four kinds of claims that are exceptions to the 90-day rule. The court clerk will provide notice of these. Following is a list of the four exceptions:

Claims that come up in connection with the rejection of contracts that have not yet been fulfilled.
Claims on behalf of incompetents and minors.

Intoxicated? Don't drive because bankruptcy won't save you.

Published on: January 5, 2015 | by Savage Villoch Law, PLLC

By Alfred Villoch, III, with Savage, Combs & Villoch, PLLC

For the honest but unfortunate debtor, bankruptcy will discharge your unsecured debts and give you the fresh start that you need to rebuild your life and strengthen your financial well being. But then there are certain debts that are simply inescapable, even in bankruptcy. One inescapable debt is a debt arising from injuring or killing someone while driving, boating, or flying intoxicated.

Section 523(9) of the United States Bankruptcy Code states that a person cannot discharge debts “for death or personal injury caused by the debtor’s operation of a motor vehicle, vessel, or aircraft if such operation was unlawful because the debtor was intoxicated from using alcohol, a drug, or another substance.” Before this section, there existed an unconscionable loophole where drunk drivers could evade financial responsibility for the injuries that they caused.