Attorney Brian Joseph Tyler's Legal Cases

Chapter 13 bankruptcy

John W. Bell v. Bayview Loan Servicing, LLC, Case No 1:07-bk-01336-MDF, US Bankr Ct, Md Dist PA, 7/27/2007.

N/A

OUTCOME: Sale of Commercial R.E. Approved

Debtor/Plaintiff proposed to sell commercial real estate. Debtor asserted mortgage payoff of approximately $330,000, and Bayview objected, claiming payoff was $411,000+ when "default interest" and "pr ... epayment consideration" was added to principal. Debtor prevailed by establishing that Bayview failed to provide required written notice, a prerequiste set forth in loan documents. Debtor saved approximately $81,000 in additional fees and prepayment penalties.

Chapter 13 bankruptcy

First Assembly of God of Harrisburg v. John L. Negley, IV dba Negley Enterprises

N/A

OUTCOME: Preliminary Objections- 3 of 4 counts dismissed

The opinion demonstrates the importance of procedural tactics in litigation. Defendant made the decision to file preliminary objections as new matter in its answer to complaint, removing Plaintiff's a ... bility to freely amend its complaint to address the preliminary objections. Procedurally, once defendant responded to complaint, plaintiff was barred from amending, as often is the result of a defendant filing preliminary objections prior instead of responding to the complaint. The Court Opinion addresses Defendant's preliminary objections and finds that three of the four counts set forth in Plaintiff's complaint should be dismissed. This narrowed the issue considerably and in essence cut the complaint to one-quarter of its original intent/attempt. The Court's Opinion further dictated the burdens Plaintiff would need to meet, if it were to prevail on its single remaining cause of action. The tatic employed by Defendant, which brought about the favorable Opinion of Court at the start of proceeding, opened the door to an immediate settlement thereafter between the parties; settlement pursuant to terms most advantageous to the defendant and at a fraction of the amount requested in the complaint as well as a fraction of any total previously being considered for possible settlement. Additionally, both parties were also able to avoid further expenses associated with discovery and possible trial.

Brian Joseph Tyler's Legal Cases (2)

John W. Bell v. Bayview Loan Servicing, LLC, Case No 1:07-bk-01336-MDF, US Bankr Ct, Md Dist PA, 7/27/2007.

First Assembly of God of Harrisburg v. John L. Negley, IV dba Negley Enterprises