Life Insurance Proceeds Received 180 Days After Filing Chapter 13 Bankruptcy Is Property of the Bankruptcy Estate

The Middle District of Florida Bankruptcy Court in the case of In Re: Roscoe (siding with the majority view), recently ruled that Bankruptcy Code Section 1306(a) expands the definition of “estate property” (i.e. property that is available to pay creditors) to include life insurance proceeds for one of the debtors who died after the case […]

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Victor H. Veschio Presents Oral Argument Before The Second District Court Appeal

Gibbons | Neuman attorney, Victor H. Veschio, recently presented his oral argument before the Second District Court of Appeal on the issue of whether Florida’s statute of limitations bars a subsequent mortgage foreclosure action where the alleged default date is beyond the applicable 5-year limitation period, but the suit alleging the default also includes “and […]

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THE 11th CIRCUIT RULES THAT A DEBTOR WHO ELECTS TO SURRENDER REAL PROPERTY IN BANKRUPTCY CANNOT CONTEST A FORECLOSURE IN STATE COURT

In the case of In re Failla, 838 F.3d 1170 (11th Cir. 2016), the 11th Circuit Court of Appeals resolved a split among the Bankruptcy Courts as to what “surrender” means within the context of Section 521(a)(2) of the Bankruptcy Code, by ruling that a Debtor who elects to “surrender” real property cannot oppose a […]

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Firm’s Creditors’ Rights Attorney Presented At The Bankruptcy For Beginners Pro Bono Seminar

Gibbons Neuman creditors’ rights attorney, Victor H. Veschio, lectured on client counseling, exemptions and the judgment-proof debtor in the state of Florida. Victor was part of a panel of lawyers and judges presenting before local attorneys on federal bankruptcy practice and procedure. The CLE event was hosted by the U.S. Bankruptcy Court, Middle District of […]

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Books containing Bankruptcy Statutes

Creditors and Debtors Beware of What Property Is Subject To The Expiration of the Bankruptcy Automatic Stay Following a Prior Bankruptcy Dismissal

The Bankruptcy Code provides that if a Debtor had a prior dismissed bankruptcy case within 1 year from filing a new bankruptcy case, the automatic stay expires 30-days from the filing of the new case unless the Debtor seeks an extension of the automatic stay from the Court within the first 30 days. However, the […]

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SCOTUS: A False Representation Is Not Required to Prove “Actual fraud” In The Context Of Fraudulent Conveyance Schemes

The Bankruptcy Code provides an honest Debtor with a “fresh start” financially, and is not designed to assist a Debtor who engages in fraudulent transactions to the detriment of an unwary Creditor.  The Court will not grant a “bankruptcy discharge” of debts in certain instances where there is fraudulent or dishonest conduct of the Debtor. […]

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