Michael Waskiewicz

Michael Waskiewicz

Rogers Towers

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Stripping Off Junior Mortgages Now Barred in Chapter 7 Bankruptcy Cases

The Supreme Court has unanimously decided that debtors are prohibited from stripping off junior mortgage liens in Chapter 7 bankruptcy cases. Lien stripping is where a bankruptcy court relieves a debtor of his second mortgage...more

7/1/2015 - Bank of America Bank of America v. Caulkett Chapter 13 Chapter 7 Consumer Bankruptcy Debtors Lien Stripping Liens Mortgage Lenders SCOTUS Secured Lenders Senior Lenders Unsecured Creditors

SCOTUS: Debtor Entitled to Chapter 13 Conversion Leftovers

The U.S. Supreme Court has resolved a circuit split by answering the question; what happens to post-petition wages held by a Chapter 13 trustee at the time a case is converted from Chapter 13 to a Chapter 7? In a unanimous...more

6/11/2015 - Bankruptcy Code Bankruptcy Plans Chapter 13 Chapter 13 Conversions Chapter 7 Consumer Bankruptcy Harris v. Viegelahn SCOTUS Wages

The Lien Stripping Saga Continues in Chapter 7 Bankruptcy Cases

In the latest chapter of “lien stripping,” the Honorable Judge Erik P. Kimball of the Southern District of Florida, Bankruptcy Court, recently grappled with the issue of whether a debtor can strip a completely unsecured...more

2/25/2015 - Abandoned Property Consumer Bankruptcy Junior Lenders Lien Stripping Mortgages

Chapter 13 Debtors Choosing to Retain Residential Property and Not Claim Homestead Are Not Entitled to Wildcard Exemption

In Florida, it is well settled that a Chapter 7 debtor who does not claim or receive the benefit of the homestead exemption on his bankruptcy schedules is entitled to claim the “wildcard” exemption pursuant to Fla. Stat. §...more

1/22/2015 - Chapter 13 Chapter 7 Consumer Bankruptcy Homestead Exemption Primary Residence Wildcard Exemptions

Judgment Debtor in Garnishment Action Has No Vested Right to Compel Strict Compliance With Service of Process Requirements on...

Garnishments are one of the most effective tools at a creditor’s disposal for collection purposes. The rules and requirements for initiating a garnishment action are laid out in Chapter 77, Florida Statutes. Garnishment...more

11/19/2014 - Bank Accounts Judgment Debtors Service of Process Wage Garnishment

Recent Decision Creates Split in Middle District Regarding Whether 11 U.S.C. § 707(b)(2) Applies to Cases Converted to Chapter 7

In the last 2 years, three judges of the Middle District of Florida (Judges Funk, Delano and Williamson) have each issued opinions finding 11 U.S.C. § 707(b)(2) inapplicable in cases converted from a Chapter 13 to a Chapter...more

10/14/2014 - Chapter 13 Chapter 7 Consumer Bankruptcy Rules of Civil Procedure

Eleventh Circuit Concludes That Filing a Proof of Claim After the Expiration of Statute of Limitations On the Ability to Collect a...

Recently, the Eleventh Circuit Court of Appeals (the “Court”) ruled whether filing a proof of claim in a chapter 13 bankruptcy case after the statute of limitations on the ability to collect the debt expires violates the...more

9/10/2014 - Appeals Chapter 13 Commercial Bankruptcy Creditors Debt Buyers Debt Collection FDCPA Proof of Claims Statute of Limitations

Eleventh Circuit Rules Post-Confirmation Settlement Proceeds are Property of Chapter 13 Estate

A recent case out of the Eleventh Circuit Court of Appeals (the “Court”) concluded that proceeds stemming from a post-confirmation settlement agreement between a chapter 13 debtor and its mortgagor related to a violation of...more

7/2/2014 - Automatic Stay Chapter 13 Confirmation Proceedings Consumer Bankruptcy Mortgages Secured Lenders Settlement

Applicability of the Automatic Stay to Serial Chapter 13 Petition Filers

Ordinarily, when a debtor files a chapter 13 bankruptcy petition, the automatic stay is triggered immediately. The stay prohibits lenders from pursuing any claim against the debtor unless they seek and are provided relief...more

5/20/2014 - Automatic Stay Chapter 13 Debtors Lenders Motions to Stay Proceedings

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