What are the debtor’s responsibilities as to non-exempt property in Bankruptcy Court?

Remedies available in bankruptcy are intended to give debtors a fresh start. Surprisingly, many people who file bankruptcy do not understand their responsibilities when it comes to their non-exempt property. Upon the filing of bankruptcy, all assets belonging to the debtor, not otherwise claimed as exempt, become the property of the debtor’s bankruptcy estate. The […]

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Creditors Rights Attorney Lectures at WMU Cooley Law School

Gibbons | Neuman Creditors Rights Attorney Victor Veschio lectured at the WMU Cooley Law School on Florida Bankruptcy Law and Practice from the creditors’rights perspective in representing national banks, credit unions and mortgage servicers. Topics included Chapter 7 and 13 bankruptcy automatic stay relief to recover collateral, adequate protection to creditors, reaffirming an otherwise dischargeable […]

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Mediation Services

Pre-Suit Mediation

For many years, court-ordered mediation has been used extensively in Florida to help litigants resolve their dispute without going through a trial. Judges love mediation because it clears cases. For that reason, courts often require parties to go through mediation before setting a case for trial. Those parties who successfully reach a mediated settlement save […]

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Elder Law Attorney Discusses Long Term Care with Paralegals

On June 9, 2015, the Firm’s Elder Law attorney, Elizabeth P. Allen, spoke at the monthly luncheon meeting for the Tampa Bay Paralegal Association held at the Tampa Club in downtown Tampa.  The subject matter of her presentation was representing the elderly client and the basics of long-term care planning. The presentation also included a […]

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A Borrower Cannot Sell Business Assets That Are Intended as Collateral For a Loan, and Then Try to Discharge the Debt in Bankruptcy

Lenders often feel left without a remedy when a borrower transfers away the collateral for the loan and then runs into Bankruptcy Court – but no longer!  The Bankruptcy Court for the Jacksonville Division of the Middle District of Florida, relying on prior decisions of Bankruptcy Courts throughout the country, recently ruled that by transferring […]

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Thinking about purchasing a tax deed?

Many purchasers are surprised to learn that title to real property acquired by tax deed is not immediately “marketable”.  Most title insurers will not insure title to a tax deed property without the filing of a Quiet Title Action.  Assuming a proper quiet title action is completed (through all appeals), the title will be deemed […]

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