Imagine a law firm where everybody knows your nameâa place where your problems are solved, your questions answered and where you will find a staff who champion your right to the justice you deserve.
Our practice is limited to Litigation and Bankruptcy.
We file lawsuits on behalf plaintiff homeowner(s) in State or Federal Court. We file actions on an individual or a group basis. Causes of action can include:
Securitization of the mortgage note
Negligent and/or Predatory Lending
Mortgage Electronic Registration Systems (MERS) violations
Truth In Lending Act (TILA) violations
Real Estate Settlement Procedures Act (RESPA) violations
Cancellation of Void Contracts
Breach of Contract
Bad Faith in Dealing
A thorough review of your loan documents and/or factual inquiry is usually necessary to determine if a case exists.
When an individual falls desperately behind in his or her debt payments, one option may be to declare bankruptcy, a legal proceeding in a federal bankruptcy court that relieves the debtor of some or all of their debts. While bankruptcy may not be the best option for everyone, in the right situation, it can provide people with a fresh start. In our practice, we also use bankruptcy to stop foreclosure sale dates to give us time to litigate. We can not offer this service in all jurisdictions and states.
Chapter 7 Bankruptcy is a process in which consumers and businesses can eliminate or repay some or all of their debts under the protection of the federal bankruptcy court. For the most part, bankruptcies can be divided into two types -- liquidation and reorganization.
Chapter 7 bankruptcy comes under the liquidation category. It's called liquidation because the bankruptcy trustee may take and sell ("liquidate") some of your property to pay back some of your debt. However, you may keep property that is protected (also called "exempt") under state law.
Chapter 13 bankruptcy is also known as "wage earner" bankruptcy because, in order to file for Chapter 13, you must have a reliable source of income that you can use to repay some portion of your debt. When you file for Chapter 13 bankruptcy, you must propose a repayment plan that details how you are going to pay back your debts over the next three to five years. Chapter 13 is normally used for people who want to keep their homes since it deals with the repayment of outstanding mortgage payments. It also provides the ability to file a motion to potentially âstripâ your second, third, or other loans on your residential property.
Chapter 11 bankruptcy is typically used by financially struggling businesses to reorganize their affairs. It is also available to individuals, but because Chapter 11 bankruptcy is expensive and time-consuming, it is generally used only by those whose debts exceed the Chapter 13 bankruptcy limits (rare) or who 1) owns substantial nonexempt assets (such as several pieces of real estate). 2) does not fall within certain parameters required for Chapter 7 or Chapter 13 bankruptcy; 3) has a business that could be disrupted by a Chapter 7 bankruptcy; or 4) needs to reorganize debt but who also needs greater flexibility in order to accomplish his or her goals. It is very rare for our firm to use this Chapter.
Adversary Proceedings In Bankruptcy
A Bankruptcy Adversary Proceeding is a lawsuit related to bankruptcy. The person bringing the Adversary Proceeding is known as the plaintiff and the person being sued is known as the defendant. These proceedings are begun after a bankruptcy filing.
Adversary proceedings are initiated by filing a complaint with the Bankruptcy Court.
Adversary proceedings may be filed by the Bankruptcy trustee, the debtor, a creditor or by other parties. Examples include: (1) a creditor filing an adversary proceeding to challenge discharge of the debtor; (2) a debtor filing an adversary proceeding against a creditor as a response to a violation of the automatic stay; or (3) the trustee filing an adversary proceeding against a third part related to the transfer of an asset by the Debtor to the defendant prior to the Debtor filing Bankruptcy.
Basically, after we stop a foreclosure in bankruptcy we often file an adversary complaint to sue the lender utilizing one or more of the causes in the litigation section above. Normally we are able to secure a restructure of the mortgage for our clients giving them a payment they can afford.