The Standard FAR/BAR Contract requires that the parties attempt to resolve disputes through mediation before a lawsuit can be filed. In the recent case of Pesantes v. Kelley, 2025 WL 611399 (Fla 3DCA 2025), the Florida Third District Court of appeal denied the Seller’s right to attorney’s fees because of the failure of the parties [...]
Are you stuck in negotiations at mediation? Suggest that the mediator make a Mediator’s Proposal. Based upon the negotiations to that point, the mediator is often in a unique position to propose a settlement that, as we say in mediation, makes everyone at least a little bit unhappy. The mediator proposes a settlement. Each side [...]
On Wednesday February 6, 2019, Gibbons | Neuman attorney, Loretta O’Keeffe, served on the advisory panel and as a speaker and presenter at the 43rd annual Alexander L. Paskay Memorial Bankruptcy Seminar sponsored by the American Bankruptcy Institute and Stetson University College of Law. As a former bar counsel for The Florida Bar and [...]
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 [...]
The Supreme Court of the United States has resolved the issue of whether a Proof of Claim that is filed in a bankruptcy case, which includes some indebtedness which is beyond the statute of limitations, violates the Fair Debt Collection Practices Act (FDCPA). The Supreme Court, in reversing the Eleventh Circuit Court of Appeal’s ruling [...]
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 [...]
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 [...]
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 [...]
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. [...]
GEORGI ANGELOV is an Associate Attorney with GIBBONS NEUMAN, where he presently practices primarily in the area of bankruptcy, representing secured and unsecured creditors. Mr. Angelov is a Bulgarian native. In 2009 he graduated from the Law faculty of Sofia University, Bulgaria, with a Masters Degree in Law, concentrating in European Law. After graduation Mr. [...]
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