Each month Gibbons | Neuman will feature one of its attorneys to show the breadth and depth of our legal services for the community. First up, Victor H. Veschio. Victor Veschio’s 22 years of practice has been exclusively as a creditors’ rights litigator representing national banks, credit union and investors throughout the state of Florida […]
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 […]
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 […]
Georgi Angelov and Victor Veschio, two of our attorneys who practice in the Creditors’ Rights section of the firm, participated in the Hillsborough County Bar Association’s 5K Pro Bono River Run as part of the team representing the Tampa Bay Bankruptcy Bar Association of which Georgi and Victor are members. For this Pro Bono […]
Loretta O’Keeffe and Victor Veschio, two of our attorneys who practice in the Creditors’ Rights section of the firm were invited to give a presentation to high school students at the Academy of Holy Names in Tampa at its “Legal Talk Mini Course” on March 13, 2017. Their presentations included a discussion of the […]
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. […]