Seattle Appeals Attorneys
Appealing Bankruptcy & Consumer Litigation Decisions in Washington State
Not all decisions are final, and no one knows this better than Henry & DeGraaff. Many law firms only accept cases with easy wins, but we take great pride in our ability to handle even the most complex legal matters. You deserve someone who will do everything in their power to obtain a favorable outcome on your behalf, and we are the team of Seattle appeals attorneys who will deliver that level of dedicated service.
Smith v. Bank of New York Mellon Partial Summary Judgment & Mortgage Eliminated
Defendants are collaterally estopped from relitigating case defeated on a motion to dismiss ruling that BONY’s judicial foreclosure action was dismissed. Thus the court granted partial summary judgment and the client's mortgage was eliminated.
Thomas v. Flagstar Bank, N.A. and Green Tree Servicing, LLC Defeated Motion for Summary Judgment
In litigation over a mortgage dispute between Michael Thomas and his loan servicer, Green Tree Servicing LLC over the breach of a loan modification agreement arguing breach of contract, good faith and fair dealing, violation of the consumer protection act, and negligent misrepresentation.
Hoffman v. Transworld Sys., Inc. Dismissal Reversed, Claims Allowed to Proceed
Plaintiffs brought an action against the debt collector that acted as successor sub-servicer for student loan trusts and the law firm that acted as a debt collector, asserting claims for violations of the federal Fair Debt Collection Practices Act (FDCPA), Washington Consumer Protection Act (CPA), and other statutes.
Christopher Michael Marino, et ux., Petitioners v. Ocwen Loan Servicing, LLC Case Pending
Case taken as an appeal to the U.S. Supreme Court to answer the question whether under 11 U.S.C. 105(a), debtors may recover attorney’s fees incurred on appeal to remedy a discharge violation.
In re Snowden Case Settled for $130,000
Ninth Circuit affirmed $12,000 emotional distress and $12,000 punitive damages award for a payday loan of $550, presented in violation of the bankruptcy automatic stay.
Grande v. U.S. Bank, N.A. Motion Against Mortgage Servicer Granted
The US District Court granted the plaintiff’s motion to compel against a mortgage servicer and beneficiary in a case where over the existence of a contract for a loan modification, for unfair and deceptive misrepresentations and for credit discrimination.
Gray v. ZB, N.A. Settlement Reached Before Trial
Litigated a case over violations of the automatic stay. Their car lender sued them in state court for failing to keep up payments on a stipulated repayment plan to avoid garnishment, obtained a bench warrant and arrested the borrowers, who were in bankruptcy.
Bank of New York Mellon as Tr. for benefit of certificate holders of CWABS, Inc., asset-backed certificates Successful Dismissal of Judicial Foreclosure
The Ninth Circuit upheld a dismissal of a judicial foreclosure, rejecting BONY’s argument that it was entitled to additional tolling of 120 days (30 days after service of notices of default for the four non-judicial foreclosure proceedings).
Taylor v. PNC Bank, Nat'l Ass'n Successful Motion for Summary Judgment
The Plaintiffs prevailed on their motion for summary judgment in an action to quiet title against PNC Bank on their second mortgage.
National Collegiate Student Loan Trust 2007-2 v. Brown v. Osure Brown and Tommy Brown, King County Superior Court All 10 Cases Dismissed with Prejudice
In Washington state, the business records exception to the hearsay rule has been eroded quite a bit and there are now cases saying that defendants can incorporate predecessor in interest records into their corporate records and get away with it. In a student loan defense case, I brought summary judgment affirmatively against the student loan debt collector and challenged their claim to be a "custodian of records" since they did not hold the records.
In most civil litigation cases, you can only appeal a final decision. In bankruptcy litigation, however, this may not be the case. Both personal and business bankruptcy can take several years to resolve, and it can involve potentially hundreds of creditors. The process is comprised of a series of small decisions, each of which can impact individual assets, creditors, and the debtor.
Many disputes and appeals occur because assets sustain damage, become lost, change ownership, or lose value over time. Your appeal may result from a dispute regarding:
- Who owns the asset
- The value of the asset
- Whether an asset is part of the bankruptcy estate
- The status of lien interests on an asset
- Whether you can protect the asset by claiming a property exemption
Experienced, Creative & Sophisticated
With years of experience between our attorneys, our goal is to deliver a higher level of service, only taking cases where we can add value.
We understand that no two cases are ever the same. We provide tailored solutions for every client and strategize in order to provide optimal results.
As a law firm that focuses on creative and collaborative solutions, we always seek opportunities that go even beyond the law to help provide the results you deserve.
Our ability to tackle complex issues has allowed us to win appellate decisions and push the law in our clients' favor. We pursue compensation arrangements that reward success.
Here are a few factors a court may consider when determining whether a decision is appealable:
- Will the appeal prevent irreversible damage? If the court believes an immediate appellate decision could prevent irreparable harm, it will be more likely to consider the appeal.
- Is there enough information to make a decision? If an appeal is made too early in the case or before a decision is final, the court may require additional fact-finding, and your appeal could be denied. While you may have more litigation and appellate opportunities in bankruptcy, timing is critical.
- How will the appeal affect other elements of the case? Any given decision may affect a number of parties and other bankruptcy procedures. A dispute over whether you can claim a property exemption, for example, will affect how much is available to repay creditors as well as whether you have what you need to live a normal life after bankruptcy.
The result of your bankruptcy case can affect whether you have the financial foundations you need for years to come. At Henry & DeGraaff, we do not hesitate to litigate or file an appeal. We have had substantial success in these areas in previous cases, and we want to bring this success to your case.
When we represent a consumer, we take their case to court if litigation is the best way to protect their rights. If the court sides with the creditor, collection agency, or other business, we evaluate the situation to determine whether we can file an appeal.
The decision we appeal may involve:
- Unfair, Deceptive, or Fraudulent Practices Claims
- Consumer lending
- Creditor harassment
- Unlawful collection actions
At Henry & DeGraaff, we are problem-solvers first and foremost. We litigate and file appeals because we believe our clients deserve the best fighting chance at the resolutions they need. We have even influenced and developed local case law because we are dedicated to evening the playing field between our clients and their opposition.
It is my belief that we came out way ahead of the game but we owe the success to Jacob.- Kim & Mike
5 stars are not enough.- Joe
Jacob successfully took over our Chapter 11 bankruptcy case.- Jerry
Jacob was always focused on our needs and desires concerning our real estate.- Previous Client
If you need their services don't hesitate to give them a call.- Reese H.