Our Practice Areas
Divorce and Family Law
Divorce is a traumatic event. Leo W. Desmond can help you protect your legal rights during and after a divorce. We will zealously represent you to obtain all the financial assets that you are entitled to under Florida Law including appropriate Alimony and Child Support and an equitable division and distribution of all marital assets and debts.
The problems don't always end with the final judgment. Often the "end" is really just the "beginning." Changes in the financial circumstances often require changes to the Settlement Agreement or Final Judgment. Alimony and Child Support modifications are not uncommon. Unpaid Alimony and Child Support are often issues addressed along with changes to the child visitation/parenting schedules.
There are several types of bankruptcy filings that are provided for under Federal Law. The most common is the Chapter 7 liquidation in which most, if not all of the debt is eliminated. Certain restrictions apply. For individuals the law also allows for a Chapter 13 filing which sets up a payment schedule that is based upon the individual's ability to pay the debts. Attorney Leo W. Desmond can determine which bankruptcy filing is best for you. Desmond Law Firm Professional Corporation is accepting the following consumer and business bankruptcy matters:
- • Chapter 7 (Liquidation)
- • Chapter 11 (Reorganization)
- • Chapter 13 (Repayment based upon income)
Federal Laws and Florida Laws applied together may help an individual or couple eliminate their debt while saving their house, car and other belongings. Limits apply as well as length of residency. Bankruptcy may not be appropriate for everyone as other options exist. Attorney Leo W. Desmond will listen to your personal situation, analyze your specific debts and assets and advise you if bankruptcy is an available option for you. If you choose, Mr. Desmond's law firm will file your bankruptcy and walk you through the process while zealously defending your legal rights. Call Desmond Law Firm Professional Corporation today and begin your road to a possible "fresh start."
Wills, Trust & Estates
Proper Estate Planning can not only save money but can minimize the size of your Estate for Federal Tax purposes.
Especially in need of wills are those with minor children or grandchildren. Parents of minor children can use a will to tell the courts who they would want to raise their children after their death.
Trusts can be set up for children to allow for a reasonable incremental distribution of the estate that will insure their fiscal health.
Civil Litigation is a broad area of law. Most people have heard the term “lawsuit”, which is synonymous with civil in litigation. A civil lawsuit is started with the filing of a Complaint, or certain instances, a Petition with either a State Court or a Federal Court. Desmond Law Firm Professional Corporation are accepting clients for the following types of Civil Litigation: Consumer and Business Contract Disputes; Negligence; Defamation; Slander; Libel; Discrimination; Wage and Overtime Issues; Stockbroker Fraud / Negligence; Bank Fraud / Negligence; Personal Injury; Nursing Home Neglect / Abuse; Automobile Accidents; Motorcycle Accidents; Employment Discrimination; Wrongful Death; and Tort Actions.
After a foreclosure lawsuit is filed you have twenty (20) days to respond to the court. If you do nothing you will, almost certainly, lose your home.
Foreclosure Defense is a process whereby a thorough analysis is done of your mortgage documents, closing statement and promissory note to see if they provide you, the homeowner, with certain rights while requiring the mortgage lender comply with certain requirements that must have been met prior to the filing of the foreclosure.
Desmond Law Firm Professional Corporation will review your mortgage documents and provide a foreclosure defense based upon any defense available to you. Additionally, a HAMP or other loan modification may be available in addition to a short sale of your home or deed in lieu of foreclosure. Mr. Desmond can also discuss the ability to save a home through the Federal Bankruptcy Process.
Corporate officers are under constant pressure from "Wall Street" to show always improving financial statements. Some companies have chosen to lie about their company's performance in order to artificially inflate the price of the company's stock. Eventually the truth becomes evident and the company's stock falls to adjust to the true financial health of the corporation. The drop in stock price can be overwhelming, falling 50% or more in a single day. Not every decline in the stock price of a publicly traded corporation will be the result of a fraudulent scheme. However, if fraud is involved, a defrauded investor may sue to recoup his or her losses. Congress has passed many laws regulating the securities markets and the corporations who issue publicly traded securities. These regulations require corporations to be honest and forthright with their investors regarding the news that the corporations release as well as any statements made by corporate officials.
Corporate officials who knowingly lie about the corporation are committing fraud. There are potentially many reasons, but the most likely reason is greed and power. Most corporate executives have their compensation tied to the price of their company's stock. The higher the company's stock price, the higher the value of the executive's pay package. Many times this is accomplished through the use of executive stock options. More than likely, the potential gain for the executive is in the millions.
Many corporate takeovers are not proposed with the intention of maximizing the public shareholders value, rather they are proposed in order to enrich a select group of management with a sweetheart deal that will not only enrich them financially, but will also assure their ability to continue to run and manage the company. An appropriate class action can be brought that will force management to disclose all information and attempt to maximize the value to the public shareholders.
Typically, the type of lawsuit that is brought against a publicly traded corporation and its officers and directors is a "Class Action." Class Actions are brought by an individual who acts as a representative on behalf of all defrauded investors. Class Actions allow investors, even with very small losses, to bring actions seeking a recovery of their investment losses. Congress, by enacting the laws regarding Class Actions, intended to encourage people who have sustained losses that would not normally justify the cost of litigation, to bring an action to right the injustice that had been committed against them and to attempt to recover their losses.
Stockbroker fraud can be a financially devastating event for an investor. Brokers have a fiduciary duty to do what is right for their clients and not place their own interests above their clients'. When a stockbroker's conduct is either intentional or negligent, and their client sustains losses, the client may be able to recover some or all of the lost money.
Stockbrokers and Financial Planners are normally paid on a commission basis. While the vast majority of them are honest, hard working, diligent individuals, rogue brokers and brokerage companies exist. When a broker is negligent or fraudulent in his/her business dealing with their clients, any losses sustained by the client may be recoverable under state or federal law. Not all losses are recoverable. Desmond Law Firm Professional Corporation will analyze the brokers' behavior and investments to determine if the loss is potentially recoverable.
Types of Stockbroker Misconduct include: Churning, Breach of Fiduciary Duty, Inappropriate Investments, Unauthorized Trading, Negligence, Breach of Contract, Fraud, Failure to Execute and Order, and Failure To Supervise A Broker.
Debt Collector Abuse
Have you been contacted by debt collectors or attorneys trying to collect on a past due balance for mortgages, homeowners association dues, credit cards, medical and other personal bills? If so, my office may be able to help you, pursuant to the Fair Debt Collection Practices Act and the Florida Consumer Collection Practices Act.
Debt collectors and attorneys seeking to collect debts have very strict state and federal regulations that they must follow. Should they deviate from such regulations they are subject to being sued by you, the debtor. Not only can you be awarded up to $2,000.00 per debt collector, but the debt collector can be held responsible to pay your attorney's fees and costs. All debt collector lawsuits are handled by my office on a contingent basis. All costs and expenses are advanced by this office and only recoverable if you win the matter.
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