Celebrity Bankruptcies Florida: Bankruptcy in Florida

The Bankruptcy of Curtis James Jackson, III: How One Celebrity Chapter 11 Filing Has Reduced the Stigma Associated with Bankruptcy Introduction: A New Brand of Celebrity Bankruptcy is Born. On July 13, 2015, a seemingly routine bankruptcy petition was submitted to the United States Bankruptcy Court for the District of Connecticut, Hartford Division. This petition was made by Curtis James Jackson, III as he filed for Chapter 11 bankruptcy. Most will recognize Jackson by his musician’s name, “50 Cent.” Jackson rose to fame after living a life of squalor that nearly cost the celebrity his life. Jackson’s background featured the sort of impoverishment that millions of people can relate to on a deeply personal level. His music touched and hearts and minds of an incalculable number of people across the world. This is why, when Jackson declared bankruptcy, after showing the world that he had risen to the height of fame and fortune, his filing became one of the most shocking tabloid stories in years. Jackson’s bankruptcy was similar to several other celebrity bankruptcies Florida and to bankruptcy in Florida in general because of the Bankruptcy Code itself. To find th ebest Orlando bankruptcy attorney, call the Jacobs Law Firm.

Few could have predicted that an affluent celebrity musician would file for bankruptcy and use the bankruptcy process to rehabilitate and recover financially. Even fewer would have believed that this financial comeback would cause significant conflict with the bankruptcy court whose purported purpose is to help the honest but unfortunate debtor restore his financial viability. This ostensible paradox will be unraveled throughout the progression of this Article (this is just the first part) and in additional blog posts about bankruptcy in Florida. To speak with an Orlando bankruptcy attorney, call the Jacobs Law Firm today!

Bankruptcy in Florida

This Article contends that the bankruptcy of Curtis James Jackson, III is unique in that it is unlike any bankruptcy proceeding that the public has been exposed to. Consequently, Jackson’s bankruptcy has become a spectacle. The scuttlebutt nature of his bankruptcy is not necessarily detrimental to him as a debtor, but it casts aspersions on the bankruptcy system and its centuries’ old stereotypes and stigmas. As will be discussed later in this Article, the bankrupt debtor has been socially stigmatized and subjected to a multitudinous assault based on ridicule and scorn. The old stigma of financial failure and the perception of a debtor as inept and dispossessed of all power is undergoing a shift and it does not apply to Jackson as a debtor. Jackson’s bankruptcy has been in the public’s purview and it has allowed the spotlight to be squarely placed onto a debtor with a fighting spirit and millions of curious fans and spectators that crave an inside look into the bankruptcy process. Bankruptcy in Florida, like bankruptcy in Connecticut and New York, is largely based on the Federal Rules.

Orlando Bankruptcy Attorney

This Article also considers the impact of social media and the instantaneous nature of the twenty-four hour broadcasting that permeates the consciousness of onlookers through the global internet apparatus. As one author points out, the perception of bankruptcy and the practice of bankruptcy law cannot be viewed as being ensnared in some stigmatic vacuum, rather it is rightly studied in the “context of both the social world and the legal field.” Do you need an Orlando bankruptcy attorney?

This Article argues that the controversial nature of Jackson’s Chapter 11 bankruptcy has brought attention to the meaning of bankruptcy, and how it impacts not only the proverbial little guy, but also the celebrity hero that has been financially dethroned and made to be vulnerable. Jackson’s reactions to the Bankruptcy Court’s decisions regarding his formerly enormous portfolio of wealth, have had a visceral effect on millions of people that are gaining a rare and incisive insight into the field of bankruptcy law, many for the first time. It is this sort of shared experience, made possible by the reach of social media, that has shifted or at least has begun to modify the general perception of bankruptcy from being largely negative, to instead being a rehabilitative opportunity for the debtor that is willing to fight for his financial rights. For more information on Bankruptcy in Florida, contact the Jacobs Law Firm. The Jacobs Law Firm can direct you to the best Orlando bankruptcy attorney.

Linda Coco, Stigma, Prestige and the Cultural Context of Debt: A Critical Analysis of the Bankruptcy Judge’s Non-Article III Status, 16 Mich. J. Race & L. 181, 186 (2011).

Bankruptcy is just one of the many types of contentious civil litigation that occur throughout the Florida Courts every day. For more information on civil lawsuits, read throughout our law blogs and civil litigation page.

Florida Rear End Statute

The Florida rear end Statute is terribly vague, and yet it is precise and specific simultaneously. How is this paradox possible and does it make practical sense for the Florida Legislature to have provided such an arguable provision under the law? The Florida rear end statute provides that one driver shall not drive so near another car/driver any more closely than is “reasonable and prudent.” It may be reasonable and prudent to drive closely to another car when stuck in gridlock traffic. It may be reasonable and prudent to drive multiple car lengths away from the car in front of you when driving on the highway at a high velocity. Then again, how far is too far or how close is too close when driving on the non-highway regular roadways? This is a question of fact, circumstance, and the answer may vary in every collision case. This is why the Florida rear end statute is both vague and specific. The Florida rear end statute cannot possibly account for every car accident case in the state, but it can provide guidance for attorneys to argue their client’s case before a judge and jury. Jonathan Jacobs is an Orlando Florida car accident lawyer.

Florida Statute Rear End Collision

The Florida Statute rear end collision further describes how far from motor trucks other motor trucks must follow, and provides guidance on enabling other vehicles to enter or pass on the roadways in the presumed absence of danger.

Moreover, provision/subsection 4 of the Florida Statute rear end collision Statute makes it clear that a violation of this Statute is not per se criminal, rather any violation will be punished as though it is a moving violation. This is an important distinction.

Really, all Florida drivers have a different style of driving because people are unique. Often, following closely may be safe and without any pitfalls. Generally, following too closely however, can lead to the obscuring of what is happening in front of the driver in front of the care in the rear. This leaves very little time for safe driving when circumstances happen lightning quick. That is what can make driving too closely so dangerous.

Orlando Florida Car Accident Lawyer

Jonathan Jacobs is an Orlando Florida car accident lawyer. He has personal experience with being involved in accidents, and is a skilled litigator that can help you win your case. Litigation involves a massive amount of practice and preparation. Litigation involves a great deal of discovery, negotiation, planning, strategizing, and intellectual will.

Florida Rear End Presumption

There is a consistent history of Florida cases that solidify the principle of the Florida Rear End Presumption. Two such cases are Birge v. Charron, 107 So. 3d 350, 352 (Fla. 2012), and Padilla v. Schwartz, 199 So. 3d 516, 517 (Fla. 4^th DCA 2016). The Charron and Schwartz courts both ruled based on the Florida rear end presumption. The Florida rear end presumption is a rebuttable presumption that a party who has rear ended the driver in front of them is the at-fault party in a rear end car crash. Both courts, as well as a number of other Florida courts, have made it clear that the Florida read end presumption id rebuttable. This means that the presumption can be overcome if evidence is presented that sways the court’s opinion. Evidence that the driver in front drove unexpectedly erratically can sway the court’s opinion. Furthermore, evidence that the driver in the rear was not following so closely as to have been driving dangerously or irresponsibly, can help to overcome the Florida rear end presumption. Essentially, if the driver in front was rear-ended because of their own negligence, and not because of the negligence of the driver behind them, the presumption can be rebutted. Now, we move on to the reason for rear end presumption Florida. Jonathan Jacobs is a Clermont Florida Car Accident Attorney.

Reason for Rear End Presumption Florida

In Schwartz, the court points out the reason for rear end presumption Florida exists. The Schwartz court opined that the driver in front cannot possibly always know why the driver behind them was doing when the car occurred. It is not possible for the driver in front to see when the driver behind them is texting while driving, looking away from the road, is distracted, intoxicated, careless, or otherwise negligent. Moreover, the reason for rear end presumption Florida exists is because likewise, the driver behind the driver in front cannot similarly account for the driver in front’s negligence, if any. The driver in front could have been intoxicated, inebriated, texting, looking away, spastic, seizing, or otherwise negligent. This allows for the courts to make a full, fair, and reasonable determination as to who the at fault party was, if any party is to blame more than the other. This may factor in to the court’s apportionment of fault. Florida is a pure comparative negligence state, which provides another reason for rear end presumption Florida. The Jacobs Law Firm, Clermont Florida Car Accident Attorney, can help answer any questions you may have in your accident case.

Clermont Florida Car Accident Attorney

Jonathan Jacobs, Clermont Florida Car Accident Attorney, has experience arguing the Florida rear end presumption. Call us today for your free consultation.

What Does Durable Power of Attorney Mean in Florida

Generally speaking, to answer the question, what does durable power of attorney mean in Florida, testators/principals should be aware that a regular power of attorney in Florida terminates when or if the principal becomes unable to function, or essentially legally and medically incapacitated. Florida Statute 709.2102(4) answers in part what does durable power of attorney mean in Florida because it defines the words durable in the context of death, dying, and incapacity. These are the saddest and most trying of times, but it is crucial that to protect your family in a financial sense, that you exercise your durable power of attorney properly. The Statute provides that regarding a power of attorney, durable cannot be stopped by the principal’s incapacity (vegetative state, brain death, coma, etc.). However, it is ever-clear that hiring a skilled Orange or Lake County Florida Probate Attorney can help you avoid the perils and pitfalls of ambiguous language that can render your Florida durable power of attorney ineffective. The law is full of legalese that can confuse people. Attorneys often interpret obscure/arcane language for their clients to make sure everyone is in the “know,” meaning that the law is clear.

Jonathan Jacobs is an Orange and Lake County Florida Probate Attorney.

Orange and Lake County Florida Probate Attorney

An Orange and Lake County Florida Probate Attorney will be able to understand the principal’s wishes and desires as it relates to their health, incapacity, and directives for the agent designated in the Florida durable power of attorney document(s). This way, the agent can be assured they are affecting the wishes of the principal and not going beyond the directive(s).

Nobody wants to be involved in a lawsuit over exceeding their authority, and all parties surely want not only what is best for the principal, but also what is best for the family as relates to the Florida durable power of attorney given to them as an agent. This sort of responsibility is serious business. It is not to be taken lightly. If a testator wants to grant you durable power of attorney, sit down with them to have an earnest conversation about what that responsibility entails.

If you are doing some estate planning or if you are an agent or a family member in need of legal advice and services regarding Florida durable power of attorney, please contact the Jacobs Law Firm, Orange and Lake County Florida Probate Attorney today. We will aspire to answer your questions and to make you feel confident in your legal representation.