Edward H. Davis Jr. and Andres H. Sandoval assess the Panama Papers leak’s impact on transparency and why asset recovery lags due to evidentiary challenges and litigation hurdles. Panama Papers update: progress and impediments Open Legal Insights Open November 10, 2017 7 minutes read Sequor Law Scandalous revelations of suspicious financial activity exposed by the Panama Papers have toppled political leaders, induced regulatory reforms and prompted greater cooperation from Panama itself towards international efforts to combat tax evasion. But Edward H Davis Jr and Andres H Sandoval would like to see more headway in the area of asset recovery. In April 2016 the Suddeutsche Zeitung released the ground-breaking publication covering the ‘Panama Papers’ – a massive leak of 11.5 million documents from the Panamanian Mossack Fonseca firm and its affiliates, formerly the world’s fourth-largest provider of offshore incorporation services. Shortly thereafter, due largely to the efforts of the International Consortium of Investigative Journalists (ICIJ), limited information extracted from the Panama Papers was digitised and disseminated to the public in the searchable Offshore Leaks Database maintained on the ICIJ’s website. [1] The impact of the Panama Papers leak in the political, journalistic, investigative and financial arenas is plain to see. However, well over a year later, the Panama Papers fervour is only now creeping into the asset recovery arena. That it has taken this long to arrive is frustrating, but perhaps predictable in light of evidentiary concerns and the inherent difficulty in commencing litigation. Regardless, this signals the next step in combating tax evasion, corruption, fraud and money laundering in the wake of the historic leak. Facts and figures The global effect and pervasiveness of the Panama Papers leak is unrivalled. The 11.5 million leaked documents, dating back nearly 40 years, contain information on more than 214,000 offshore entities, in more than 200 jurisdictions, created by Mossack Fonseca. Major financial institutions alone drove the creation of nearly 15,600 offshore entities. Of these financial institutions, HSBC and its affiliates were responsible for the creation of more than 2,300 offshore corporate vehicles. Others, such as Banque J Safra, UBS AG and Societe Generale, were not far behind. The Panama Papers also exposed 140 politicians from over 50 countries to charges of bribery and corruption for allegedly improper ties to offshore corporate vehicles in no fewer than 21 financial havens. As a result, 14 current and former heads of state as well as over 30 current and former politicians or public figures have come under scrutiny by governmental bodies. Several top government and corporate officials have cracked under the pressure, including, notably, the former Prime Minister of Iceland, Sigmundur Davia Gunnlaugsson, who resigned just days after the initial media coverage of the Panama Papers leak. Other political figures have been faced with high- profile investigations, including Argentina’s Mauricio Macri, Ukraine’s Petro Poroshenko and Pakistan’s former Prime Minister, Nawaz Sharif. These investigations are bearing fruit. In late July 2017, Pakistan’s Supreme Court deemed Sharif unfit to be a member of parliament for reasons of dishonesty and corruption. The Supreme Court’s decision is the culmination of months of proceedings sparked by the Panama Papers leak, which linked Sharif’s family members to purchases of luxury real estate in London through offshore corporate vehicles. Further, on 31 July 2017, the National Accountability Bureau, Pakistan’s top anti-corruption unit, announced it would file formal corruption charges against Sharif, his children, son-in-law and the former Pakistani Finance Minister, Ishaq Dar. Beneficial effects Among the seemingly more positive effects, the Panama Papers leak has fuelled a global push towards transparency and accessibility of information regarding the ultimate beneficial owners (UBOs) of opaque offshore entities and accounts. Just weeks after the leak, the United States executive administration under former President Barack Obama announced it would implement regulatory reform to increase financial transparency and combat tax evasion, corruption and money laundering. Among the various measures, in May 2016, the US Treasury Department’s Financial Crimes Enforcement Network (FinCEN) promulgated new rules on customer due diligence requirements, which require financial institutions to identify any natural person beneficially owning more than 25% of, or otherwise controlling, the institution’s legal entity customers. Similar initiatives are being pushed in the United Kingdom, Germany and others in the G20 group. Only time will tell if these initiatives prove to be effective or are just window dressing. Cleaning the backyard The Panama Papers leak has also exerted pressure on countries previously resistant to increased financial transparency – namely, Panama. In 2016, Panama’s Vice President Isabel de Saint Malo pledged Panama’s willingness to sign the Convention on Mutual Administrative Assistance in Tax Matters – an agreement developed jointly by the Organisation for Economic Co-Operation and Development (OECD) and the Council of Europe to combat tax evasion through the automatic sharing of residents’ financial information. Holding fast to that pledge, on 3 March 2017, Panama deposited with the OECD its instrument of ratification of the Convention, which came into force in Panama on 1 July 2017. Panama has also signed an information-sharing treaty with Mexico and continues its negotiation of similar agreements with Spain, Italy, Germany, the UK and Switzerland. As of 12 June 2017, the OECD reports 112 jurisdictions currently participating in the Convention. Delayed Recovery Where the Panama Papers have had much less impact than was originally hoped for is in the asset recovery arena. Following the leak, early commentators predicated litigation in the financial havens themselves, such as the British Virgin Islands, Jersey, Hong Kong and Panama, as well as financial centres that may house assets or UBOs, such as Switzerland, the UK and the US. However, now over one year later, this litigation has largely yet to be seen. This is disappointing in light of estimates that as much as 8% of the world’s financial wealth (approximately US$7.6 trillion) is held in financial havens. Further, according to Gabriel Zucman, economist, professor and author of The Hidden Wealth of Nations, as much as 80% of that hidden wealth is not reported to the tax authorities of any country. Equally astounding, the Stolen Asset Recovery (StAR) Initiative – a partnership between the World Bank Group and the United Nations Office on Drugs and Crime (UNODC) to promote international efforts to end financial havens for corrupt funds and prevent the laundering of the proceedings of corruption – estimates that up to US$40 billion per year is stolen by corrupt public officials around the world. Those most affected by this hidden wealth are the citizens of the governments susceptible to tax evasion, corruption and the illicit diversion of funds, as well as the victims of fraud where the opaque corporate structures are used to hide the proceeds of these crimes. As a result, these jurisdictions often suffer from undeveloped infrastructure, failing health facilities and inadequate educational institutions. While it may be no less important to investigate and expose the corrupt actors that prey on these governments, there must also be a focus on and concerted effort to recover the value that has been secreted in financial havens and often elsewhere. A Start There may be signs of change, however. On 14 July 2017, the US Department of Justice commenced a civil forfeiture proceeding against approximately US$144 million in assets – primarily, a luxury yacht and Manhattan real estate-allegedly representing the proceeds of corruption, bribery and money laundering. The allegations concern prominent businessmen Kolawole Akanni Aluko and Olajide Omokore, and Nigeria’s former Minister for Petroleum Resources, Diezani Alison-Madueke. The US alleges in part that Aluko and Omokore purchased, luxury real estate in London and high-end furniture for Alison-Madueke’s benefit and, in return, Alison-Madueke used her influence to steer lucrative state oil contracts to companies ultimately owned or controlled by Aluko and Omokore. The ICIJ’s Will Fitzgibbon first reported in July 2016 on the links between Aluko, Omokore and Alison-Madueke as detailed in the Panama Papers. This led to investigations in Nigeria, the UK and elsewhere. Evidence and privilege concerns So, what is the reason for the tardy arrival of the Panama Papers’ impact in the asset recovery arena? Firstly, a lack of competent evidence. The ICIJ’s Offshore Leaks Database largely, if not entirely, lacks source documentation. The same is true of the ICIJ’s database for the ‘Swiss Leaks’ and the ‘Luxembourg Leaks’ in previous years (other than documents expressly approved by Luxembourg authorities). Similarly, it is unclear to what extent, if at all, the Panamanian authorities have disseminated to the public or shared with authorities of other countries the documents seized from Mossack Fonseca’s offices following the initial leak. While there may be legitimate reasons for restricting the disclosure of source documentation, the availability of only extracted and secondary information poses hearsay, trustworthiness and other evidentiary problems for authorities, asset recovery professionals and victims in constructing asset recovery cases. More must be done to allow access to this critical information. Secondly, it is an open issue as to whether information taken from the Panama Papers is privileged or protected. Additionally, the issue is complicated by the possible application of foreign law, making it difficult to know which privilege rules apply. Though exceptions to privilege may exist, such as the crime-fraud exception under US law or the iniquity exception under English law, this issue must be weighed carefully. Rather, a best practice would be to treat the Offshore Leaks Database as an important tool in the investigative toolbox and a springboard to pursue additional disclosure in the appropriate jurisdiction. In this respect, emerging asset tracing techniques in recent years can assist greatly in closing the fence around intricate offshore structures. With respect to the US, these techniques include pursuing disclosure proceedings in aid of foreign litigation under 28 USC § 1782, the subpoenaing of information from banks in order to trace the flow of monies through different jurisdictions, and seeking recognition of foreign bankruptcy proceedings under the UNCITRAL Model Law on Cross-Border Insolvency. By using the Model Law, foreign bankruptcy trustees can gain access to US-style discovery and broad turnover powers of assets within the territorial jurisdiction of the United States. Whatever the reason for the delay, the fervour to see positive change prompted by the Panama Papers must now enter the next phase: concerted efforts to pursue – on behalf of the victims of tax evasion, corruption, fraud and money laundering – the vast hidden wealth that has been secreted through the use of opaque offshore corporate vehicles. Such efforts are long overdue. Click to view the full article. Notes: Panama Papers Website Edward H. Davis Jr (+1 305 372 8282, Ext. 228, edavis@ sequorlaw.com) is a founding shareholder of Sequor Law. Davis was recognised as the Asset Recovery Lawyer of the Year by Who’s Who Legal in 2013, 2014, 2015 and 2016. With nearly 30 years of experience, he focuses his practice on asset recovery, financial fraud and the pursuit of misappropriated assets throughout the world on behalf of the victims of fraud. Davis is also a leading member of the ICC Commercial Crimes Services FraudNet Network. Open Back to all Entries Share this article Facebook X (Twitter) WhatsApp LinkedIn Copy link Latest News & Insights Open Open Attorney Spotlight May 19, 2026 1 minute read Attorney Spotlight – Get to Know Noah Rosenblum 1. What inspired you to pursue a law career? I was drawn to law because I've always enjoyed solving complicated problems and thinking.. Attorney Spotlight May 9, 2026 2 minutes read Attorney Spotlight – Get to Know Michael Hanlon 1. What inspired you to pursue a law career? I was less drawn to law in the abstract and more.. 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Sequor Law's October 2020 quarterly newsletter featuring the latest news and updates from the firm's associate attorneys. October 2020 – Latest News from Our Associates Open Firm News Open October 1, 2020 1 minute read Sequor Law Click below to view the latest news from Sequor Law’s associates, and make sure you join our email list to receive future newsletters. News: Latest from our Associates Open Back to all Entries Share this article Facebook X (Twitter) WhatsApp LinkedIn Copy link Latest News & Insights Open Open Attorney Spotlight May 19, 2026 1 minute read Attorney Spotlight – Get to Know Noah Rosenblum 1. What inspired you to pursue a law career? I was drawn to law because I've always enjoyed solving complicated problems and thinking.. Attorney Spotlight May 9, 2026 2 minutes read Attorney Spotlight – Get to Know Michael Hanlon 1. What inspired you to pursue a law career? I was less drawn to law in the abstract and more.. Firm News Apr 11, 2026 2 minutes read Sequor Law Celebrates National Pet Day with Continued Support of Paws4You Rescue In recognition of National Pet Day, Sequor Law is proud to continue its support of Paws4You Rescue, a Miami-based nonprofit... Attorney Spotlight Jan 29, 2026 2 minutes read Attorney Spotlight – Get to Know Alain M. Acanda 1. What inspired you to pursue a law career? I was inspired to pursue a career in the law after having negative experiences with the law as.

Who's Who Legal recognizes Sequor Law's Edward H. Davis Jr. as one of the foremost asset recovery lawyers, praised for identifying key issues and strategic thinking in complex financial disputes. Thought Leaders Global Elite – Asset Recovery (GIR 2019) Open Awards & Recognition Open September 5, 2019 1 minute read Sequor Law Who’s Who Legal says: Edward Davis Jr is one of the foremost lawyers in our research this year. Sources note, “He is particularly strong at identifying key issues and strategizing in ways that take those key issues into consideration.” Read the full article below or click here Open Back to all Entries Share this article Facebook X (Twitter) WhatsApp LinkedIn Copy link Latest News & Insights Open Open Attorney Spotlight May 19, 2026 1 minute read Attorney Spotlight – Get to Know Noah Rosenblum 1. What inspired you to pursue a law career? I was drawn to law because I've always enjoyed solving complicated problems and thinking.. Attorney Spotlight May 9, 2026 2 minutes read Attorney Spotlight – Get to Know Michael Hanlon 1. What inspired you to pursue a law career? I was less drawn to law in the abstract and more.. Firm News Apr 11, 2026 2 minutes read Sequor Law Celebrates National Pet Day with Continued Support of Paws4You Rescue In recognition of National Pet Day, Sequor Law is proud to continue its support of Paws4You Rescue, a Miami-based nonprofit... Attorney Spotlight Jan 29, 2026 2 minutes read Attorney Spotlight – Get to Know Alain M. Acanda 1. What inspired you to pursue a law career? I was inspired to pursue a career in the law after having negative experiences with the law as.

Sequor Law highlights recovered artworks from Banco Santos president Edemar Cid Ferreira’s collection—including 95 pieces seized by U.S. authorities in a $10 million money-laundering case that may be auctioned. Trove of Missing Art Heads to Auction Open In the News Open October 28, 2017 3 minutes read Sequor Law A Henry Moore sculpture and a Rufino Tamayo painting are among recovered art works that may be auctioned at Sotheby’s By Kelly Crow Former Banco Santos president Edemar Cid Ferreira once covered the walls of his São Paulo home with Man Ray photographs, Louise Bourgeois prints and paintings by Jean-Michel Basquiat, Francis Picabia and others. But when Brazilian authorities arrested Mr. Ferreira in 2006 for an alleged $1 billion money-laundering scheme, the walls were bare. The vanished collection set off a global scavenger hunt, with investigators and creditors chasing leads long after Mr. Ferreira was convicted of money – laundering and sentenced in federal criminal court in Brazil to 21 years in prison. Mr. Ferreira has appealed the case and declined, through his lawyer, to comment. Mr. Ferreira, the president of Banco Santos, during the World Economic Forum in Davos, Switzerland in 2004. More art once owned by him has been recovered. Photo: Daniel Ackern/Bloomberg News. This month, U.S. authorities announced a breakthrough, saying they had rounded up 95 works Mr. Ferreira once owned that together are worth at least $10 million. The art was in warehouses across France, Panama, England and the Netherlands, according to the U.S. Attorney’s Office for the Southern District of New York. Two paintings in the group were in galleries in New York. Joon Kim, the Acting U.S. Attorney, who said Mr. Ferreira’s art had been “used to mask an audacious criminal scheme,” signed documents turning the trove over to a Brazilian judicial administrator handling the estate of Banco Santos, which failed in 2005. The bank’s estate, which is seeking to compensate creditors, plans to enlist Sotheby’s to auction some of the works, said Arnoldo Lacayo, a lawyer with Sequor Law, a Miami firm helping the bank’s estate track down Mr. Ferreira’s assets. A Sotheby’s spokeswoman confirmed that the auction house has been asked to review the works for potential sale. Major pieces include Henry Moore’s “Woman,” a life-size bronze figure that had been stored in France, as well as Rufino Tamayo’s abstract view of a couple, “Casal de Marcianos 1975 (Two Figures),” which was stored in Florida. There also is a Lucite cube sculpture by Anish Kapoor and works by Brazilian mainstays Adriana Varejão, Vik Muniz and Jac Leirner. Among the older works is an etching by Eugène Delacroix. The fate of Helen Frankenthaler’s 1965 blue-and-gold abstract, “Sea Strip,” offers a glimpse into the circuitous path of some of the art. Mr. Ferreira paid Christie’s $197,900 for “Sea Strip” in late 2004 —a year before his bank failed and a time when authorities said he was starting to ship crates of art to warehouses in Europe for safekeeping. Later, a friend of his wife sold “Sea Strip” to Edward Tyler Nahem Fine Art in New York for an undisclosed sum. John Cahill, a lawyer for the gallery, said Mr. Nahem had been told that the painting was from a corporate collection. Once alerted to its true origins, Mr. Nahem got into a title dispute with the bank’s estate, Mr. Cahill and Mr. Lacayo said, because the dealer had bought the work in good faith. Both sides said they have since reached a settlement to sell the work jointly. Right now, the Frankenthaler is the only recovered work that isn’t immediately headed to Sotheby’s, Mr. Cahill said. Before this month, only a handful of works from Mr. Ferreira’s collection had been found and returned—including a Roman statue and Basquiat’s 1982 “Hannibal,” a skull portrait on an orange background. The work, with its dark slashes, spiky lines and splotches of bright color, is considered a signature piece by Basquiat, who started out as a graffiti artist. Mr. Ferreira bought the painting in 2003 and had it shipped from the Netherlands to a New York warehouse in 2007 after his conviction, authorities said. U.S. Customs took a closer look when the work arrived because its declared value was $100. Jean-Michel Basquiat, ‘Hannibal,’ 1982 Photo: Interpol Washington Last fall, Sotheby’s helped the bank’s estate sell “Hannibal” to Japanese billionaire Yusaku Maezawa for $13 million. “Hiding illicit proceeds in art happens all the time,” said Mr. Lacayo of the asset-recovery firm helping the bank’s estate. “At least in this case we’re unraveling it.” Click to view full article. Open Back to all Entries Share this article Facebook X (Twitter) WhatsApp LinkedIn Copy link Latest News & Insights Open Open Attorney Spotlight May 19, 2026 1 minute read Attorney Spotlight – Get to Know Noah Rosenblum 1. What inspired you to pursue a law career? I was drawn to law because I've always enjoyed solving complicated problems and thinking.. Attorney Spotlight May 9, 2026 2 minutes read Attorney Spotlight – Get to Know Michael Hanlon 1. What inspired you to pursue a law career? I was less drawn to law in the abstract and more.. 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Sequor Law Founding Shareholder Gregory Grossman spoke at IBRA – Instituto Brasileiro de Rastreamento de Ativos, addressing asset tracing and recovery professionals. Gregory Grossman Spoke at Ibra- Instituto Brasileiro de Rastreamento de Ativos Open Events & Speaking Open November 30, 2021 1 minute read Sequor Law Sequor Law Founding Shareholder Gregory Grossman spoke at IBRA-Instituto Brasilerio de Rastreamento de Ativos on Friday, November 26th. Open Back to all Entries Share this article Facebook X (Twitter) WhatsApp LinkedIn Copy link Latest News & Insights Open Open Attorney Spotlight May 19, 2026 1 minute read Attorney Spotlight – Get to Know Noah Rosenblum 1. What inspired you to pursue a law career? I was drawn to law because I've always enjoyed solving complicated problems and thinking.. Attorney Spotlight May 9, 2026 2 minutes read Attorney Spotlight – Get to Know Michael Hanlon 1. What inspired you to pursue a law career? I was less drawn to law in the abstract and more.. Firm News Apr 11, 2026 2 minutes read Sequor Law Celebrates National Pet Day with Continued Support of Paws4You Rescue In recognition of National Pet Day, Sequor Law is proud to continue its support of Paws4You Rescue, a Miami-based nonprofit... Attorney Spotlight Jan 29, 2026 2 minutes read Attorney Spotlight – Get to Know Alain M. Acanda 1. What inspired you to pursue a law career? I was inspired to pursue a career in the law after having negative experiences with the law as.

Sequor Law's Ed Davis, Leyza Florin, and Juan Mendoza examine the challenges of seeking US recognition of individual debtors' foreign insolvency proceedings and COMI determination under Chapter 15. Asset recovery column: Recognition of an individual debtor’s insolvency proceeding – beware the perils Open Legal Insights Open March 27, 2019 5 minutes read Sequor Law Ed Davis, Leyza B. Florin and Juan Mendoza Shareholders Edward Davis Jr and Leyza B. Florin , and attorney Juan Mendoza from Sequor Law in Miami discuss the things to watch out for when seeking recognition of an individual debtor’s foreign insolvency proceedings in the US. Recognition of a foreign insolvency proceeding in the United States allows the use of an arsenal of asset recovery weapons for a cross-border practitioner, including the opportunity to obtain discovery relating to the financial condition of the debtor, and to commence actions to collect property and liquidate claims. This arsenal may be particularly effective in situations where an individual debtor flees the jurisdiction of his or her pending bankruptcy case to the United States. Such a change of circumstances may disturb the debtor’s ties with the jurisdiction of the pending insolvency, however, and alter the foreign trustee’s ability to obtain recognition of the foreign insolvency in the United States. This column discusses the nuances a practitioner must consider when pursuing recognition of an individual debtor’s foreign insolvency under Chapter 15. To obtain recognition of a “foreign main proceeding” under Chapter 15 – the United States’ analogue to the Model Law on Cross-Border Insolvency – a foreign representative of the foreign insolvency proceeding must show, among other things, that the foreign proceeding is pending in the country where the debtor has his or her centre of main interests (COMI). An individual debtor’s COMI is defined as the debtor’s “habitual residence”. The foreign representative may also obtain recognition of the foreign proceeding as a foreign non-main proceeding if the debtor has an “establishment” in the country where the foreign proceeding is pending. “Establishment” is defined as a place of operations where a debtor carries out non-transitory economic activity. As the determination of an individual debtor’s COMI or establishment is a fact-intensive inquiry, the operative date for the determination of COMI or establishment could be pivotal in obtaining recognition. US courts are split on the operative date for the determination of the COMI. Some courts have noted that the operative date to determine the COMI is the date on which the Chapter 15 petition was filed. However, several US courts have held that the operative date for determining a debtor’s COMI or establishment is the date on which the foreign insolvency commenced. Though this split of authority is yet to be specifically addressed in the text of Chapter 15, UNCITRAL’s revision to the Guide to Enactment and Interpretation of the UNCITRAL Model Law on Cross-Border Insolvency in 2013 clarified that the date of the commencement of the foreign proceeding is the operative date to determine the COMI. It would be up to the US Congress to pass an amendment to Chapter 15 to conform it to this development, which to date remains an open issue for US courts. In a situation where an individual debtor moves to the United States after the commencement of the initial insolvency proceeding and establishes residence and financial ties in the US, the determination of the COMI or establishment – and possibility of recognising the foreign insolvency proceeding – is a function of whether the operative date for the determination of COMI or establishment is the date of the filing of the initial proceeding or the Chapter 15 proceeding. If the operative date were the commencement of the foreign proceeding, as clarified by the Guide to the Model Law, the individual debtor’s habitual residence would likely be located in the foreign jurisdiction. This would likely result in the finding that the debtor’s COMI or establishment was the jurisdiction of the foreign proceeding. The opposite is true if the operative date is the date of the Chapter 15 filing, as the individual debtor may have developed close ties to the United States, such as changing address, opening new bank accounts and establishing other signs of permanency. Once the operative date is established, the court must analyse the debtor’s circumstances to determine the debtor’s COMI or establishment. As habitual residence is not defined by the bankruptcy statute, it raises yet another level of uncertainty. Though there is no definition for the term habitual residence, courts seem to equate habitual residence with domicile, a concept typically used in the bankruptcy context in the analysis of venue and exemptions to discharge. Like domicile, habitual residence refers to both an individual debtor’s physical presence, or residency, and the debtor’s intent to remain at that residence. The former consideration may seem like a straightforward one since it is hard to dispute a debtor’s physical presence. Yet situations arise where a debtor travels between two separate countries, which makes the analysis of physical presence more difficult. The latter consideration of intent requires an inquiry relating to the debtor’s state of mind, which involves both objective and subjective considerations. To assist with the analysis of the debtor’s state of mind, courts consider the location of a debtor’s family, the debtor’s reasons for moving, the length and continuity of the debtor’s residence, the stability and continuity of the debtor’s employment, and apparent intentions to remain at his or her residence. Courts also consider documents filed with governmental agencies, such as immigration documents, to discern whether a debtor intended to remain in a certain place. As every individual has different circumstances, the factual scenarios regarding the debtor’s habitual residence are endless. Consider the following examples: a businessperson who travels between offices in different countries with family in both countries; a couple that move to the United States on an investor visa but leave their children in their home country; and a person with no family who moves to the United States as a permanent resident but is incarcerated for a significant period. Each scenario would entail a unique analysis regarding the debtor’s state of mind. A Florida decision displays the factual complexity that may complicate an individual debtor’s Chapter 15 COMI analysis. In Richardson, the court analysed the habitual residence of an individual debtor who was in the process of moving to Florida from the UK under an investor visa, shortly after the commencement of an insolvency proceeding against him in the UK. Analysing the debtor’s COMI as of the commencement of the UK insolvency proceeding, the bankruptcy court noted that as of that date, the debtor no longer owned a home in the UK or operated a business in the UK, but retained his UK passport, UK pension account, UK email address, and immediate and extended family in the UK. Importantly, the court emphasised the debtor’s investor visa documentation, which contained a sworn statement that he fully intended to return to Great Britain upon the expiration of his visa term. Accordingly, the court held that the UK was the debtor’s habitual residence and COMI, and granted recognition of the debtor’s UK insolvency proceeding. Practitioners must be aware of the uncertainty in the case law with respect to the operative date for the determination of an individual debtor’s COMI or establishment, and the lack of uniformity presently employed by US courts in assessing an individual debtor’s habitual residence. Most importantly, practitioners must be prepared to make factual assessments of the debtor’s circumstances and face challenges presented by such factors required to prove an individual debtor’s habitual residence. References Guide to Enactment and Interpretation of the UNCITRAL Model Law on Cross-Border Insolvency (2013 revision), section 141. In re Richardson, Case No. 9:14-bk-04875-FMD, DE 120 (Bankr. M.D. Fla. 1 June 2016). In re Loy, 380 B.R. 154 (Bankr. E.D. Va. 2007). In re Ran, 607 F.3d 1017 (5th Cir. 2010). In re Kemsley, 489 B.R. 346 (Bankr. S.D.N.Y. 2012). United Nations Commission on International Trade Law (UNCITRAL), Model Law on Cross-Border Insolvency, 10, U.N. Gen. Assembly, UNCITRAL 30th Sess., U.N. Doc. A/CN.9/442 (1997), is available at their website . Open Back to all Entries Share this article Facebook X (Twitter) WhatsApp LinkedIn Copy link Latest News & Insights Open Open Attorney Spotlight May 19, 2026 1 minute read Attorney Spotlight – Get to Know Noah Rosenblum 1. What inspired you to pursue a law career? I was drawn to law because I've always enjoyed solving complicated problems and thinking.. Attorney Spotlight May 9, 2026 2 minutes read Attorney Spotlight – Get to Know Michael Hanlon 1. What inspired you to pursue a law career? I was less drawn to law in the abstract and more.. 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The U.S. Supreme Court unanimously rules that private and investor-state arbitration tribunals are not "foreign tribunals" under 28 U.S.C. § 1782, limiting its use in international arbitration discovery. US Supreme Court Rules on Use of Section 1782 in Support of Arbitration Proceedings Open Legal Insights Open July 8, 2022 1 minute read Sequor Law In a unanimous decision, the U.S. Supreme Court held that two arbitration tribunals—one private and one investor-state—did not constitute “foreign or international tribunal[s]” under 28 U.S.C. § 1782. The statute is widely used by litigants to obtain discovery “for use in a proceeding in a foreign or international tribunal.” The decision came after years with a split among the Courts of Appeals on the issue, particularly in the area of international private arbitration. In its 17-page decision, the Court analyzed the language of the statute and its history noting that § 1782’s purpose is comity. The Court reasoned that a broad reading of §1782 “would open district court doors to any interested person seeking assistance for proceedings before any private adjudicative body—a category broad enough to include everything from a commercial arbitration panel to a university’s student disciplinary tribunal.” Opting for a narrower construction, the Court held that “only governmental or intergovernmental adjudicative bodies constitute a ‘foreign or international tribunal’ under § 1782”, adding that, “[s]uch bodies are those that exercise governmental authority conferred by one nation or multiple nations.” More on the decision can be found here . Open Back to all Entries Share this article Facebook X (Twitter) WhatsApp LinkedIn Copy link Latest News & Insights Open Open Attorney Spotlight May 19, 2026 1 minute read Attorney Spotlight – Get to Know Noah Rosenblum 1. What inspired you to pursue a law career? I was drawn to law because I've always enjoyed solving complicated problems and thinking.. Attorney Spotlight May 9, 2026 2 minutes read Attorney Spotlight – Get to Know Michael Hanlon 1. What inspired you to pursue a law career? I was less drawn to law in the abstract and more.. Firm News Apr 11, 2026 2 minutes read Sequor Law Celebrates National Pet Day with Continued Support of Paws4You Rescue In recognition of National Pet Day, Sequor Law is proud to continue its support of Paws4You Rescue, a Miami-based nonprofit... Attorney Spotlight Jan 29, 2026 2 minutes read Attorney Spotlight – Get to Know Alain M. Acanda 1. What inspired you to pursue a law career? I was inspired to pursue a career in the law after having negative experiences with the law as.

Sequor Law's Cristina Vicens examines US emergency measures in insolvency and restructuring legislation enacted during the COVID-19 pandemic, including the CARES Act and bankruptcy reforms. Emergency Measures in Insolvency Legislation in Response to the COVID-19 Crisis Open Legal Insights Open December 15, 2020 3 minutes read Sequor Law by Cristina Vicens , Sequor Law, P.A., Miami, Florida What emergency measures in insolvency or restructuring legislation has the United States adopted to help businesses cope with the economic crisis caused by the COVID-19 pandemic? In March 2020, the U.S. Congress swiftly passed a series of stimulus packages to help stabilise the economy after COVID-19 forced many businesses to shut down and caused millions of Americans to become unemployed. The third (and latest) of these stimulus packages, the “Coronavirus Aid, Relief, and Economic Security Act” (CARES Act; P.L. 116-136), was a US$2 trillion stimulus packages passed on 25 March 2020. The CARES Act directs financial assistance to individual tax payers, expands unemployment benefits to persons that normally would not have qualified for unemployment benefits, provides for federal grants, loans, and other assistance for small businesses and other businesses disproportionately affected by the COVID-19 pandemic, and establishes a US$150 billion Coronavirus Relief Fund to make payments to states, tribal governments, and local governments as they respond to the public health emergency. Specifically, with regard to insolvency or restructuring legislation adopted to help businesses cope with the economic crisis, the CARES Act provides for several amendments to the U.S. Bankruptcy Code. First, it increases the debt ceiling for businesses to be eligible to file under the small business provisions of Chapter 11 of the Bankruptcy Code from US$2,725,625 to US$ 7,500,000. The Small Business Reorganisation Act (“SBRA”), which took effect on 19 February 2020, just a few weeks before the national shutdown, provides a streamlined path through Chapter 11 for small business debtors. This increased threshold will potentially allow more businesses with access to the SBRA to survive. After one year, however, the debt ceiling increase reverts to US$2,725,625. Second, for a period of one year, the CARES Act amends the definition of “income” under Chapters 7 and 13 to exclude COVID-19 related payments from the federal government. Third, applicable to individuals rather than businesses, it clarifies that the calculation of disposable income under Chapter 13 does not include COVID-19 related payments; and, lastly, permits individuals and families in Chapter 13 proceedings to seek payment plan modifications in response to COVID-19 related financial hardship, including extending payments for up to seven years after their initial payment was due. In addition, the CARES Act provides the authority to the Administrator of the U.S. Small Business Administration (“SBA”) to make loans under the Paycheck Protection Program (“PPP”) through the commercial banking market. The PPP is designed to provide a direct incentive for small businesses to keep their employees on the payroll and allows loans to be forgiven if all employees of a business are kept on the payroll for eight weeks and the loan proceeds are used for payroll, rent, mortgage interest, or utilities. While the CARES Act does not prohibit PPP loans or grants to be provided to Chapter 11 debtors, the SBA has taken the position that it does, creating uncertainty for companies operating under Chapter 11 protection and leading to litigation. [See Perspectives on COVID-19 Relief Funding and the Reopening of America, ABI Journal, July 2020, at 8.] Further, small business owners are able to apply for Economic Injury Disaster Loans (“EIDL”) and receive an advance of up to US$10,000, designed to provide economic relief to businesses that are experiencing a temporary loss of revenue. Relevantly, the loan advance does not have to be repaid and recipients do not have to be approved for the loan in order to receive the Emergency Measures in Insolvency Legislation in Response to the COVID-19 Crisis AIJA Insolvency Commission 2020 68 advance. Contrary to the PPP loans, the SBA administers the EIDL program directly and not through the commercial banking market. Click here to read the full summary (page 67). Open Back to all Entries Share this article Facebook X (Twitter) WhatsApp LinkedIn Copy link Latest News & Insights Open Open Attorney Spotlight May 19, 2026 1 minute read Attorney Spotlight – Get to Know Noah Rosenblum 1. What inspired you to pursue a law career? I was drawn to law because I've always enjoyed solving complicated problems and thinking.. Attorney Spotlight May 9, 2026 2 minutes read Attorney Spotlight – Get to Know Michael Hanlon 1. What inspired you to pursue a law career? I was less drawn to law in the abstract and more.. Firm News Apr 11, 2026 2 minutes read Sequor Law Celebrates National Pet Day with Continued Support of Paws4You Rescue In recognition of National Pet Day, Sequor Law is proud to continue its support of Paws4You Rescue, a Miami-based nonprofit... Attorney Spotlight Jan 29, 2026 2 minutes read Attorney Spotlight – Get to Know Alain M. Acanda 1. What inspired you to pursue a law career? I was inspired to pursue a career in the law after having negative experiences with the law as.

Sequor Law supports Associação João de Barro in opening a new school, demonstrating the firm’s commitment to community engagement and education initiatives. Sequor Law Is Honored to Support Associação João de Barro in Its Completion of a New School Open Firm News Open October 12, 2021 2 minutes read Sequor Law We applaud Associação João de Barro for completing construction and officially opening its doors to students this month. What began as a vision is now a fully realized space dedicated to learning, growth, and opportunity. Seeing the children step into their new classroom for the first time is a powerful reminder of why projects like this matter. A safe, welcoming environment is not a luxury. It is a foundation for confidence, focus, and long term success. The new facility provides students with the structure and stability they need to thrive academically and socially. Classrooms designed for learning create space for curiosity, collaboration, and skill development. For many children, access to a dedicated educational environment can directly influence attendance, performance, and future prospects. According to UNESCO, quality learning spaces are strongly linked to improved student outcomes and higher engagement levels. Infrastructure shapes experience. This milestone reflects the commitment and persistence of everyone involved, from organizers and educators to community supporters. Completing construction is never simple. It requires coordination, funding, and sustained belief in the mission. The result speaks for itself. The doors are open. The students are inside. The work is real. Sequor Law is honored to support this initiative. Investing in education strengthens communities and creates measurable impact that extends far beyond the classroom walls. When children are given the right environment, they gain more than knowledge. They gain possibility. We look forward to seeing the continued growth of Associação João de Barro and the bright futures being built within its walls. Open Back to all Entries Share this article Facebook X (Twitter) WhatsApp LinkedIn Copy link Latest News & Insights Open Open Attorney Spotlight May 19, 2026 1 minute read Attorney Spotlight – Get to Know Noah Rosenblum 1. What inspired you to pursue a law career? I was drawn to law because I've always enjoyed solving complicated problems and thinking.. Attorney Spotlight May 9, 2026 2 minutes read Attorney Spotlight – Get to Know Michael Hanlon 1. What inspired you to pursue a law career? I was less drawn to law in the abstract and more.. Firm News Apr 11, 2026 2 minutes read Sequor Law Celebrates National Pet Day with Continued Support of Paws4You Rescue In recognition of National Pet Day, Sequor Law is proud to continue its support of Paws4You Rescue, a Miami-based nonprofit... Attorney Spotlight Jan 29, 2026 2 minutes read Attorney Spotlight – Get to Know Alain M. Acanda 1. What inspired you to pursue a law career? I was inspired to pursue a career in the law after having negative experiences with the law as.

Miami's Sequor Law hires insolvency and litigation partners Leyza B. Florin and Fernando Menendez Jr. from GrayRobinson, growing to 14 lawyers and strengthening its cross-border insolvency practice. Miami’s Sequor Law Raids GrayRobinson for Two Insolvency/Litigation Partners Open In the News Open June 4, 2018 2 minutes read Sequor Law By Brenda Sapino Jeffreys Leyza B. Florin and Fernando Menendez Jr. joined Miami’s Sequor Law as partners. Leyza B. Florin and Fernando Menendez Jr. Sequor Law , the Miami firm formed in 2017 as the successor to Astigarraga Davis, on Monday hired insolvency and litigation lawyers Leyza B. Florin and Fernando Menendez Jr. as partners. Both came from GrayRobinson . Florin said Sequor Law’s well-known international insolvency practice is a great fit for her practice. She does a range of insolvency work and litigation, including complex business bankruptcy and commercial litigation. Menendez does a variety of insolvency work, including complex workouts, bankruptcy litigation and representation of foreign and domestic court-appointed trustees. Florin , who is also a Florida Supreme Court-certified civil mediator, declined to identify clients they brought with them to the new firm. “The firm not only gains two outstanding lawyers with years of experience in insolvency, restructuring and commercial litigation, but their bilingual and multicultural heritage will add to the growth of our market leadership in international asset recovery and cross-border insolvency,” Edward Davis, a founding partner of Sequor Law, said in a statement. Both Florin and Menendez are fluent in English and Spanish. In April 2017, Astigarraga Davis co-founder Jose Astigarraga left the firm along with a group of international arbitrators to open a Miami office for Reed Smith. At that time, Davis changed the name of Astigarraga Davis to Sequor Law, which has a practice focusing on asset recovery, financial fraud and cross-border insolvency. With the lateral hires, Sequor Law now has 14 lawyers. GrayRobinson, the duo’s former firm, did not immediately respond to a request for comment. Click to view full article. Open Back to all Entries Share this article Facebook X (Twitter) WhatsApp LinkedIn Copy link Latest News & Insights Open Open Attorney Spotlight May 19, 2026 1 minute read Attorney Spotlight – Get to Know Noah Rosenblum 1. What inspired you to pursue a law career? I was drawn to law because I've always enjoyed solving complicated problems and thinking.. Attorney Spotlight May 9, 2026 2 minutes read Attorney Spotlight – Get to Know Michael Hanlon 1. What inspired you to pursue a law career? I was less drawn to law in the abstract and more.. Firm News Apr 11, 2026 2 minutes read Sequor Law Celebrates National Pet Day with Continued Support of Paws4You Rescue In recognition of National Pet Day, Sequor Law is proud to continue its support of Paws4You Rescue, a Miami-based nonprofit... Attorney Spotlight Jan 29, 2026 2 minutes read Attorney Spotlight – Get to Know Alain M. Acanda 1. What inspired you to pursue a law career? I was inspired to pursue a career in the law after having negative experiences with the law as.

Latinvex named Sequor Law founding shareholder Edward H. Davis Jr. among Latin America’s Top 100 Lawyers of 2018, recognizing his litigation and fraud experience. Sequor Attorneys chosen in Latinvex Latin America’s Top 100 Lawyers Open Awards & Recognition Open February 16, 2018 1 minute read Sequor Law Latinvex recognizes the top foreign lawyers in Latin America Edward H. Davis, Jr. was named among Latin America’s Top 100 Lawyers of 2018 by Latinvex. Those honored were evaluated on criteria such as recent track record on major deals and business, prominence of firm in Latin America, and rankings by third parties such as Chambers and Partners, Legal 500 and Thomson Reuters. Davis received the distinction for his stellar work and extensive experience in the litigation and fraud areas. Open Back to all Entries Share this article Facebook X (Twitter) WhatsApp LinkedIn Copy link Latest News & Insights Open Open Attorney Spotlight May 19, 2026 1 minute read Attorney Spotlight – Get to Know Noah Rosenblum 1. What inspired you to pursue a law career? I was drawn to law because I've always enjoyed solving complicated problems and thinking.. Attorney Spotlight May 9, 2026 2 minutes read Attorney Spotlight – Get to Know Michael Hanlon 1. What inspired you to pursue a law career? I was less drawn to law in the abstract and more.. Firm News Apr 11, 2026 2 minutes read Sequor Law Celebrates National Pet Day with Continued Support of Paws4You Rescue In recognition of National Pet Day, Sequor Law is proud to continue its support of Paws4You Rescue, a Miami-based nonprofit... Attorney Spotlight Jan 29, 2026 2 minutes read Attorney Spotlight – Get to Know Alain M. Acanda 1. What inspired you to pursue a law career? I was inspired to pursue a career in the law after having negative experiences with the law as.

How the unlimited homestead exemption in Florida and Texas lets wealthy debtors protect mansions from creditors, creating a $70B legal loophole in South Florida real estate. The $70B loophole, or: How to turn your mansion into an offshore account Open In the News Open October 23, 2018 9 minutes read Sequor Law Wealthy in a financial bind increasingly turn to the homestead exemption By Konrad Putzier In the fall of 2016, Roger Ailes was by all accounts a very wealthy man. Fox News had just pushed him out from the company he built over allegations of sexual harassment, but paid him $40 million for his troubles. So he did what many other rich retirees before him have done: he bought a house in Florida. Through a trust, Ailes paid $36 million in cash for a six-bedroom, 12,747- square-foot mansion in Palm Beach. In November that year, the longtime Putnam County, NY resident filed a declaration of domicile in Florida, public records show, making the new property at 6 Ocean Lane his primary home. The declaration had its perks. Ailes was a defendant in a potentially expensive sexual-harassment lawsuit by former Fox News host Andrea Tantaros and was about to become a defendant in another, by former contributor Julie Roginsky. A judgment against him could put his assets on the line. But making the Palm Beach mansion his primary residence could insulate the house and up to half an acre of land around it from any legal claims, thanks to a handy Florida law known as the “homestead exemption.” Ailes died in May 2017 at age 77. Fox News, also a defendant in the suits, settled Roginsky’s lawsuit in December of that year and Tantaros’ lawsuit was dismissed in May 2018. Ailes’ widow, Elizabeth Ailes, declared the Palm Beach property her homestead for tax purposes in 2017 and 2018, property records show. A spokesperson for Elizabeth did not respond to requests for comment. Curious if someone of means is in a financial pickle? Check if they recently bought a mansion in Florida or Texas. Paying millions for a palatial home in the Sunshine State is usually an indicator of unfettered wealth. But it could also be a warning sign that the buyer may be trying to protect money from creditors or legal claims. Florida and Texas are among the few states with a so-called unlimited homestead exemption, a law enshrined in the state constitution stipulating that your home is off limits to creditors, no matter how much it is worth or how much you owe. For people staring down big debts or potentially costly lawsuits, this creates a powerful incentive to buy the priciest property they can find in a homestead state. Rising home prices mean more wealth is now beyond the reach of creditors. In three South Florida counties — Miami-Dade, Broward and Palm Beach — alone, the combined appraised value of all luxury homes appraised at $1 million or more whose owners claim the homestead exemption in tax filings is $69.9 billion (see chart), according to The Real Deal’s analysis of the Florida Department of Revenue’s 2018 tax roll. The true market values of these properties could be much higher.* “If you go to a lawyer and ask ‘how do I protect my assets?,’ the first thing they say is: ‘Buy a valuable homestead,’” said Jeffrey Davis, a law professor at the University of Florida. “Some people just sort of call it estate planning.” Funny laws Residents of most U.S. states get a homestead exemption protecting some of their home equity from creditors. In California, for example, most people have a cap of $75,000, while in Virginia, the cap is $5,000. Florida, Texas, Kansas, Iowa, Oklahoma and South Dakota, however, have no limit. In these states, buying an expensive property and claiming the homestead exemption has some of the perks of stashing your money in an offshore account — protection from creditors and lawsuits — without having to transfer money overseas. “If you’re faced with losing what you have, the psychological toll it takes on you is the same whether you’re really rich or an average Joe,” said Wayne Patton, a Miami-based asset-protection attorney. “So the idea of moving somewhere where you can protect the bulk of what you have is very appealing.” The list of the rich and famous who have taken advantage of the exemption is long, and it includes NFL legend O.J. Simpson, movie star Burt Reynolds and one of the original Miami Worldcenter developers, Marc Roberts. Simpson had spent much of his life in California, but bought a home in Miami for $575,000 in 2000 and moved there after he lost a $33.5 million civil suit brought by the relatives of his murdered ex-wife. “They got funny laws in this state,” Simpson told the New Yorker in 2001, explaining why he likes living in Florida. The unlimited exemption has been around for more than a century, but its popularity is on the rise. Several offshore financial centers have increased transparency and made life harder for those looking to hide money abroad. Meanwhile, Florida’s rising property market over the past decade has made buying homes there more attractive. In both Florida and Texas, debtors need to actually move into the property and show that they want to make it their permanent residence – by changing their voter registration, for example – to get the exemption. But they do not need to have lived in it for long. There are exceptions: those who buy a home with proceeds from criminal activity aren’t protected, and homeowners who fail to pay taxes or don’t make mortgage payments on their homestead can still see it seized. Evading creditors isn’t the main reason people claim the homestead exemption, asset-recovery lawyers say. Making a property your homestead carries significant tax benefits. But even if people buy a property purely and explicitly to bilk their lenders, that’s totally legal – at least in Florida. In 2001 , the state’s Supreme Court ruled that the exemption protects a property owner even if she bought the home with “the specific intent of hindering, delaying, or defrauding creditors.” The ruling has turned into a nightmare for lenders and asset-recovery lawyers nationwide. Because many debtors across the U.S. can, in theory, move to Florida at a moment’s notice and buy a house, they know that a part of their fortune equivalent to the value of a hypothetical Florida mansion can’t ever be seized by creditors. Of all of Florida’s eccentric laws, the homestead exemption is the one it sort of managed to force on the rest of the country as well. “We’ll have a lawsuit against somebody where they will say ‘you can sue me, and might even win, but by the time you win I’m going to sell my house up here and all my other assets and I’m going to buy a house in Florida’,” said Schuyler Carroll, a New York-based asset-recovery attorney at Perkins Coie, adding that he’s been involved in dozens of cases where the exemption came up. “So we settle.” Paupers with palaces Tom Hicks made a fortune as a private-equity investor and a name for himself as the owner of the Texas Rangers baseball team and English soccer club Liverpool F.C. But the Dallas resident found himself in deep trouble after the financial crisis. In 2010, the Rangers filed for bankruptcy, and Hicks sold the team to pay off his creditors. In 2011 , a group of former Rangers investors sued Hicks , claiming he had used the team to improperly enrich himself. JPMorgan Chase reportedly sought $35.4 million from him. As Hicks fought for what was left of his wealth – he had also been forced to sell Liverpool F.C. – he could be fairly certain of one thing: no one could take away his palatial Dallas estate. Hicks had bought the nearly 30,000-square-foot home at 10000 Holloway Drive in 1999 — the year his Dallas Stars hockey team won the Stanley Cup. Built by architect Maurice Fatio for Italian aristocrat Pio Crespi in the 1930s, the 25-acre property includes a library decked in walnut wood, crystal chandeliers, two guest houses, a pool and a lake. In 2013, Dallas County appraisers valued the property at $40 million. Property records show that Hicks claimed the homestead exemption on the property. “He was pleading poverty, but everyone knew he had this absolutely phenomenal house,” recalled a source familiar with the Rangers bankruptcy. An attorney for Hicks declined to comment for this article. Hicks can thank an earlier banking crisis for the law that shielded his mansion. In 1837, a year after Texas declared its independence from Mexico, a financial panic hit the U.S., leading to a wave of loan defaults and bank failures. The crisis would have a lasting impact on the state’s laws, according to Michael Ariens, a legal historian at St. Mary’s University. “When Texas became a state in 1845, the idea that creditors could take the essentials of a farmer’s or workman’s way to earn a living was anathema,” Ariens said. “And there are always more debtors than creditors as voters.” The homestead exemption eventually became a “sacrosanct” part of the constitution, according to Joe Wielebinski, a Texas-based asset-recovery attorney at Winstead PC. “Texas is a state with a history of people from other areas coming to this free, open and large state for a lot of reasons,” he said. “Whether it’s embarrassing or not, one of the reasons they came here was to avoid creditors in other states.” In Texas, the debtor protection covers up to 10 acres in cities and up to 100 acres for an individual (200 for a family) in the countryside from creditors. In Florida, which included the exemption in its constitution in 1868, it covers just half an acre in a municipality and 160 acres outside a municipality. But as property prices in Miami and Palm Beach rose in the 1990s and early 2000s, debtors realized that they could squeeze a lot of money into half an acre. So sue me In late 1989, former Major League Baseball commissioner Bowie Kuhn’s Manhattan law firm went bankrupt. Weeks later, Kuhn bought a $1 million, five-bedroom home in Ponte Vedra Beach and claimed the homestead exemption. “There is nothing inappropriate about my actions,” he told the New York Times in 1993: “People do this all the time.” In 1996, Burt Reynolds filed for bankruptcy but kept his $2.5 million property near Palm Beach. Paul Bilzerian, a former corporate raider who went bankrupt in Florida for the second time in 2001 with $140 million in debt, got to keep his $5 million, 11-bedroom home in Tampa Bay, which included an indoor basketball court and a cinema. Martin Kenney, a British Virgin Islands-based asset-recovery lawyer, recalls representing a hedge fund in the early 2000s. The fund had lent $20 million to a Florida doctor, who defaulted on the loan and pleaded poverty even though he owned a $7 million home near Sarasota, according to Kenney. “We didn’t litigate over the house because we thought, ‘why do that if you’re just going to waste your time and lose?’” he said. “Like all policy choices, you end up with people that are unethical, abusing the privilege, doing things that probably the folks who created that homestead law never envisioned would happen.” As abuse spread, the banking industry lobbied to change bankruptcy laws, facing fierce resistance from the real-estate industry and property owners in homestead states. In 1998, George W. Bush, then governor of Texas, wrote a letter to the House Judiciary Committee arguing that a “homestead cap is a clear violation of states’ rights with regard to state private property.” Current Attorney General Jeff Sessions, then a senator representing Alabama, found himself on the other side, telling the Times in 2001 that the unlimited exemption “isn’t just.” The bankers prevailed and in 2005, Congress passed the Bankruptcy Abuse Prevention and Consumer Protection Act. It stipulated, among other changes, that those who file for bankruptcy can no longer claim the unlimited exemption unless they have lived in the property for at least 40 months. “If a bankruptcy filing occurs today, it’s not clear that a homestead is bulletproof from all creditors’ claims,” said Wielebinski, the asset-recovery attorney. “Thirty years ago, if you put money into your homestead you were virtually immune from the claims of all creditors except for the mortgage lender and taxes. So it’s a dramatic change.” The housing crisis further eroded the appeal of the exemption. Property prices plummeted, and there’s no point in claiming the exemption on a home that’s underwater anyway. “Since 2008 we saw less people claiming it because there was no equity in the house,” said Michael Bakst, a Palm Beach-based attorney at Greenspoon Marder who specializes in bankruptcy and insolvency cases. But as the Florida real estate market recovered from the crisis and the state attracted more of the world’s wealthy, so did the homestead exemption. Marc Roberts, a former boxing promoter and one of the original developers behind the Miami Worldcenter project, claimed the homestead exemption on his $1.5 million home in Jupiter, Florida, when he filed for bankruptcy in March 2010, court records show. Roberts could not be reached for comment. Keurig Green Mountain founder Robert Stiller reportedly paid $55 million for a mansion in Palm Beach through an LLC in January 2014 while he was still a defendant in three shareholder lawsuits against Green Mountain. He already owned a home in the same town but soon declared the new property his homestead, public records show. Although there is no indication Stiller bought the property because of the exemption, his role as a defendant meant he could potentially benefit from the law. An attorney representing Stiller did not comment. The exemption continues to be highly effective. Gregory Grossman , a Miami-based asset-recovery attorney at Sequor Law, said he was unable to contest the exemption on behalf of creditors in more than 95 percent of the cases he was involved in. And even the fact that your money is tied up in your home isn’t too much of a problem for those with patience. Take Tom Hicks. While the lawsuits against him dragged on, he continued to claim the Dallas estate as his primary residence. Then, in late 2012, Hicks settled a legal dispute with the Rangers, and on January 11, 2013, a lawsuit brought by his lenders was dismissed. Two weeks later, news broke that Hicks had put the home on the market for $135 million — at the time reportedly the most expensive residential listing in the country. He later cut the asking price to $100 million and sold it in January 2016 for a reported $58 million. To view full article, click here. Open Back to all Entries Share this article Facebook X (Twitter) WhatsApp LinkedIn Copy link Latest News & Insights Open Open Attorney Spotlight May 19, 2026 1 minute read Attorney Spotlight – Get to Know Noah Rosenblum 1. What inspired you to pursue a law career? I was drawn to law because I've always enjoyed solving complicated problems and thinking.. Attorney Spotlight May 9, 2026 2 minutes read Attorney Spotlight – Get to Know Michael Hanlon 1. What inspired you to pursue a law career? I was less drawn to law in the abstract and more.. Firm News Apr 11, 2026 2 minutes read Sequor Law Celebrates National Pet Day with Continued Support of Paws4You Rescue In recognition of National Pet Day, Sequor Law is proud to continue its support of Paws4You Rescue, a Miami-based nonprofit... Attorney Spotlight Jan 29, 2026 2 minutes read Attorney Spotlight – Get to Know Alain M. Acanda 1. What inspired you to pursue a law career? I was inspired to pursue a career in the law after having negative experiences with the law as.