60250.0002 

UNITED STATES BANKRUPTCY COURT 

SOUTHERN DISTRICT OF FLORIDA 

MIAMI DIVISION 

 

In Re: Case No: 19-22567-AJC

 Chapter 11 

PAUL WIGODA 

Debtor(s) 

________________________/ 

OPPOSITION TO CREDITOR PW CAPITAL COLLECTIONS, LLC’S MOTION FOR 

“COMFORT ORDER” REQUESTING RELIEF FROM STAY TO PROCEED 

AGAINST AN ASSET OF THE ESTATE DE # 20 

 COMES NOW, Creditor, Edith Wigoda, individually and as trustee and beneficiary of 

the Luis Wigoda Revocable Trust dated May 3, 1989 fbo Edith Wigoda, Trustee Trust A; Luis 

Wigoda Revocable Trust dated May 3, 1989 fbo Edith Wigoda, Trustee Trust B; Edith Wigoda 

Revocable Trust; and PPGW Limited Partnership, by and through its undersigned attorney, 

responds to Creditor PW Capital Collections, LLC (hereinafter “PW Capital”) in opposition to 

its Motion For “Comfort Order” requesting relief from stay to proceed against an asset of the 

Estate DE # 20, and states as follows: 

1. On September 20, 2019 the Debtor filed an individual chapter 11 bankruptcy petition 

for Relief in the Southern District of Florida, Miami Division. 

2. Ms. Wigoda is a creditor of the Debtor by reason of various promissory notes, a couple 

secured and the balance of these unsecured, and by various revolving credit 

agreements; all of which were entered into by the Debtor against family trusts and 

against Ms. Wigoda, individually. Ms. Wigoda, individually and Ms. Wigoda, as 

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60250.0002 

Trustee, intends to timely file Proof of Claims on behalf of these entities on or before 

January 21, 2020.

3. PW Capital, the movant, is a third party collector group who purchased the rights to 

collect against the Debtor pursuant to a final judgment for monies owed. (DE # 20, par. 

1). 

4. The motion asserts they intend to proceed against the Debtor’s medical office (“MD 

P.A.”). However, pursuant to the Case Management Summary and the Schedules of the 

Debtor, the Debtor is a plastic surgeon and lists the MD P.A. as an asset of the Estate. 

The Debtor also lists this asset as his source of income with a gross of $130,000.00 per 

month. 

5. Ms. Wigoda opposes PW Capital’s motion. The MD P.A. is clearly an asset entitled to 

protection and valuation and necessary for an effective reorganization. Under 11 

U.S.C. 1115(a)(2) earnings from services performed by the debtor after the 

commencement of the case but before the case is closed, dismissed, or converted is 

property of the estate. Under 11 U.S.C. 362(a)(1-4) any act to collect, enforce, obtain 

possession or control of property of the estate is stayed, hence the MD P.A. is protected 

under 11 U.S.C. §362 stay. The disposable income from the MD P.A. is crucial for 

repayment to unsecured creditors like PW Capital and others, pro rata. 

6. Notably, where PW Capital, as only a judgment creditor, to partake with the medical 

office it would significantly decrease the financial condition of the Debtor and cause a 

substantial decrease in valuation which directly affects the repayment in the plan. 

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7. Relief from stay to permit that activity is premature at this stage of this matter. A 

Committee of Unsecured Creditors is being established under this Chapter 11 case with 

the prospect of increasing payments under the plan. It would be detrimental and 

unfairly discriminatory to the rest of the unsecured creditors and to the estate to allow 

PW Capital to continue supplementary proceedings on a final judgment while at the 

same time participating in this estate and not allow the same relief to all other 

unsecured creditors. 

8. Chapter 11 requires that the debtor commit future earnings to a Chapter 11 plan. The 

ability for the Debtor to generate funds to pay his creditors under a confirmable plan 

requires the MD P.A. in order to be stay functioning as a debtor in possession, manage 

his estate and provide his disposable income towards payment of unsecured claims. 

9. PW Capital has failed to establish a right to have the stay lifted pursuant to 11 U.S.C. § 

362(d). 

10. For the above reasons, Ms.Wigoda respectfully requests denial of PW Capital LLC’s 

Motion for “Comfort Order”. 

WHEREFORE, Edith Wigoda, individually and as trustee and beneficiary of the Luis 

Wigoda Revocable Trust dated May 3, 1989 fbo Edith Wigoda, Trustee Trust A; Luis Wigoda 

Revocable Trust dated May 3, 1989 fbo Edith Wigoda, Trustee Trust B; Edith Wigoda 

Revocable Trust; and PPGW Limited Partnership respectfully requests entry of an order which 

denies PW Capital LLC’s Motion for “Comfort Order” (DE # 20), and for such other and 

further relief as the Court deems just and proper. 

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60250.0002 

/s/ Shirley Palumbo

 Shirley Palumbo, Esq.

 Florida Bar No. 73520

City Place, 525 Okeechobee Blvd. Suite 900 

West Palm Beach, FL 33401 

Tel: (561)227-2370 

Fax: (954)771-9264 

Email: shirley.palumbo@gmlaw.com 

CERTIFICATE OF SERVICE 

I HEREBY CERTIFY that on this 16th of October, 2019, I electronically filed this 

Opposition to Motion for Comfort Order with the Clerk of Court by using the CM/ECF system, 

which will send a notice to the following CM/ECF participants electronically.

U.S. Trustee

Office of the US Trustee

51 S.W. 1st Ave. 

Suite 1204 

Miami, FL 33130 

Bradley S Shraiberg

2385 NW Executive Center Dr. #300 

Boca Raton, FL 33431 

I HEREBY CERTIFY the foregoing document was served by first class, postage 

prepaid, U.S. Mail on to the persons and/or entities at the addresses noted herein as obtained 

from a current Mailing matrix obtained from the court's CM/ECF system: 

Debtor

Paul Wigoda

18201 Collins Ave, Apt 1709 

Sunny Isles Beach, FL 33160 

/s/ Shirley Palumbo

 Shirley Palumbo, Esq.

 Florida Bar No. 73520

City Place, 525 Okeechobee Blvd. Suite 900 

West Palm Beach, FL 33401 

Tel: (561)227-2370 

Fax: (954)771-9264 

Email: shirley.palumbo@gmlaw.com 

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