Groton, CT
Bankruptcy and debt Lawyer at Groton, CT
Practice Areas: Bankruptcy & Debt, Chapter 7 Bankruptcy ... +4 more
OUTCOME: Second Mortgage was avoided
The first case in the nation which was decided after Dewsnip. This case involved a second mortgage which was completely unsecured and the question was whether 11USC 506(d) could be used to avoid the se ... cond mortgage. Judge Krechevsky ruled in favor of the debtor whom I represented and most of the subsequent cases in all jurisdictions followed this case.
OUTCOME: Debtor prevailed
Bank of America wanted to have a ruling pre-BAPCPA that the filing of a bankruptcy petition and subsequent failure to reaffirm was a default of the contract and that the creditor could repossess the ca ... r even though the debtor was current on her car payments. The Second Circuit Court of Appeals ruled according to In re Boodrow that the filing of bankruptcy didn't constitute a default of the contract. Further, the Second Circuit held that in a case where the primary question in bankruptcy is the interpretation of state law that if the debtor's counsel prevails, that he/she can apply for attorneys fees.
OUTCOME: successfully objected to some Proof of Claims
This case involved objecting to Proofs of Claim filed by creditors based on their lack of original documents(No Docs Proofs of Claim). I was successful in part and in part this effort didn't succeed in ... persuaded the judge to disallow all the Proofs of Claim.
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