Michael Waskiewicz

Michael Waskiewicz

Rogers Towers

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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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