Category Archives: Uncategorized

Waivers of Consumer Claims: Balancing Traditional Compliance Concerns With Special Assets Recovery

Sarah Lindquist Pape

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Sarah Pape is a Shareholder in the firm’s commercial litigation practice group. Sarah’s practice includes the representation of financial institutions, banks, insurance companies, construction contractors and subcontractors, business owners and other corporate clients. Sarah has extensive experience working with her clients to resolve their business disputes efficiently and effectively, as well as taking those matters to trial when necessary. Sarah's representative cases include business debt collection, foreclosures and workouts, construction contract and construction lien disputes, breach of contract actions, landlord-tenant issues, employment cases, and a variety of real property matters such as partition actions and quiet title actions. Sarah is admitted to practice in all state and federal courts in Florida, including the federal bankruptcy courts, where she has represented both creditors and trustees in all aspects of Chapter 7, 11, and 13 cases. In addition, Sarah has a growing practice dedicated to helping financial institutions navigate the complex and expanding area of government regulation and compliance with federal and state laws.

Sarah has received the designation of Super Lawyer, Rising Star, in the 2009, 2010, 2011, and 2013 Super Lawyer Magazine, being counted among the elite 2.5% of Florida's attorneys under 40 years of age or in practice for less than 10 years, to receive this honor. In 2012 Sarah was recognized by the Orlando Business Journal Women Who Mean Business as a Woman to Watch.

As someone who grew up in Central Florida and played golf on her high school team, Sarah is proud to have been a member of the founding board of directors for The First Tee of Central Florida. The First Tee of Central Florida impacts the lives of local youth by providing educational programs that build character and instill live-enhancing values through the game of golf. Sarah is also committed to giving back to her community by dedicating a portion of her time and practice of law to pro bono legal representation, including representation of children as a Guardian ad Litem through the Legal Aid Society of the Orange County Bar Association. Sarah has been awarded the Legal Aid Society's Certificate of Appreciation in recognition of her exceptional degree of service and commitment to her legal aid clients.

Issues of regulatory compliance and special assets/loan recovery have always overlapped.  For example, defenses arising from TILA disclosures (or lack thereof) and rights of rescission have been commonplace in foreclosure proceedings during the past several years.  However, with the passing … Continue reading

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Bankruptcy After DOMA

Jamie Blucher

Jamie Blucher has a diverse practice at ZKS. As a bankruptcy associate, Jamie’s focus is on creditors’ rights.She represents creditors and trustees in bankruptcy cases as well as adversary proceedings and appeals to the United States Court of Appeals for the Eleventh Circuit.

Jamie also represents financial institutions, banks, insurance companies, construction contractors, business owners and other corporate clients in commercial litigation. Jamie’s experience in commercial litigation includes commercial foreclosures, residential foreclosures, debt collection, construction disputes, and general breach of contract actions.

A portion of Jamie’s time is likewise devoted to pro bono legal representation.Her pro bono activities include representing abused and neglected children in juvenile court through the Orange County Bar Association's Guardian ad Litem program and serving as a volunteer attorney through the Legal Aid Society.In recognition for the exceptional degree of service she provides to the most vulnerable members of the Central Florida Community, Jamie has received Certificates of Appreciation and is a recipient of the Young Lawyer Pro Bono Award of Excellence.

Latest posts by Jamie Blucher (see all)

Most of us are aware that on June 26, 2013, the United States Supreme Court decided United States v. Windsor, a landmark case holding that Section 3 of the Defense of Marriage Act (DOMA) may not be constitutionally applied to … Continue reading

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Time is On Our Side

Joanne Prescott

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Joanne Prescott has been Board Certified as an expert in the area of workers’ compensation by the Florida Bar.Joanne’s state-wide practice includes counseling and defending insurance companies, third party administrators and employers.This includes perfecting claims for reimbursement from the Special Disability Trust Fund on behalf of her clients.Joanne’s client-base includes governmental entities, religious organizations, large retailers, trucking companies and construction companies.

Joanne actively contributes to the workers’ compensation field as a certified instructor of continuing education classes for adjusters, employers and attorneys, and is serving as the Secretary of the Executive Council of the Workers' Compensation Section of the Florida Bar.She has received the designation of Super Lawyer by Super Lawyers Magazine, being counted among the elite 5% of Florida attorneys to receive this honor, and has been named one of Florida’s Legal Elite by Florida Trend Magazine.She continues to volunteer significant time as a Guardian ad Litem through The Legal Aid Society, and has been recognized for outstanding pro bono legal service by the Orange County Bar Association when she was named the New Attorney of Excellence in 2002.

Latest posts by Joanne Prescott (see all)

Time is On Our Side…Yes it is… This month, the First DCA entered an opinion regarding the statute of limitations.  It would have seemed that there was nothing left to address with regard to the state of the statute of … Continue reading

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