Claims Secured by Personal Property

Chapter 13 in the Bankruptcy Code (1978 as amended) marks the first time that virtually all secured debts can be somewhat altered in a bankruptcy without getting the specific agreement of security holders.  Real benefit is provided to the debtors who have personal property with secured loans due.  Concepts including the automatic stay preventing enforcement or perfection of a security holder’s rights, turnover of personal property from a secured creditor, and lien avoidance are all basic bankruptcy rights helping Debtors in Chapter 13 that did not exist before in bankruptcy.  This outline explains the balance . . .

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Dennis_Levine_2
Partner of Brock & Scott, PLLC

Dennis LeVine, a native of Tampa, is a Managing Partner in the firm. He focuses his statewide practice on bankruptcy litigation and creditors’ rights. Dennis is one of only seven attorneys in Florida to be Board Certified in both consumer bankruptcy law and business bankruptcy law by the American Board of Certification (ABC). He is also rated AV Preeminent by Martindale-Hubbell, the highest rating a lawyer can receive, which indicates a demonstration of the highest professional and ethical standards.

Prior to joining the firm, Dennis managed and operated his own firm for 19 years, representing creditors in all Bankruptcy Courts as well as creditors in commercial and consumer collections actions throughout the State of Florida.

Dennis received his undergraduate degree from Tulane University where he graduated cum laude. He then went on to earn his Juris Doctor from George Washington University’s National Law Center.

Dennis is licensed to practice in the federal courts in the Northern, Middle and Southern Districts of Florida.

watton
Senior Partner at Watton Law Group, S.C.

Michael J. Watton, Esq. is the senior partner at Watton Law Group, S.C. He is admitted to practice in Wisconsin, Missouri, Colorado, Utah, Florida, Ohio, New York, Virginia, Arkansas, Kansas, and Arizona. Watton Law Group has six (6) offices in the United States and focuses on helping and protecting consumer debtors in bankruptcy.

Mr. Watton received his undergraduate degree in finance from the University of Florida (1987) and his earned his law degree at the Duke University School of Law (1990). He is AV rated by Martindale Hubbell.  He is admitted to practice in federal courts in the Eastern and Western Districts of Wisconsin, Eastern and Western Districts of Missouri, the District of Kansas, the Southern District Illinois, the District of Colorado, the District of Utah, the District of Arizona, the Eastern and Western Districts of Arkansas, the Eastern District of Virginia and the United States 7th, 8th, and 10thCircuit Courts of Appeals.

Mr. Watton has been married for over 30 years and has three driven, successful children.

Headshot-3-PSB
Co-chair of the Inclusion and Acceptance Committee

Pamela Simmons-Beasley received her BA from Emory University in Atlanta, Georgia and her law degree from the University of South Carolina. Before accepting appointment as a Standing Chapter 13 Bankruptcy Trustee in January, 2016 for the District of South Carolina, she practiced primarily in the field of consumer bankruptcy law for 21 years. She is a member of the SC Bar, SC Bankruptcy Law Association (SCBLA), and the J. Bratton Davis Inn of Court.She is a past president of the SCBLA and recipient of the William E. S. Robinson Public Service Award of the SCBLA. This award was given in recognition of her volunteerism with the CARE Program,which is a national initiative of the U.S. Bankruptcy Court designed to provide education to high school and college students on the consequences of consumer credit abuse through on-site presentations. Since joining NACTT, she has served on the ACH/EFT Committee and co-chaired the Auto Creditors’ Committee. She currently serves as co-chair of the Inclusion and Acceptance Committee.

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