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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.

To learn whether we can help you appeal a court decision, call (206) 483-0505 or contact us online today.

Representative Cases

  • 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.

  • 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.

  • 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.

  • Litigated a student loan discharge case under 11 U.S.C. §523(a)(8) regarding multiple private student loans for a couple that owed over $918,271.52 combined for a photography degree from Brooks Institute in California.

  • 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.

  • 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.

  • 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.

  • 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).

  • Litigated a case to the Ninth Circuit Court of Appeals establishing that homeowner’s dues are dishcargeable in bankruptcy in Chapter 13. This case discharged over $25,000 in homeowner’s dues and established a precedent for others.

  • This case involved a client whose money was taken by a payday lender, Check Into Cash ("CIC"), in violation of the bankruptcy automatic stay.


Bankruptcy Appeals

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

The Henry & DeGraaff Difference

  • 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.

  • Personalized Attention

    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.

  • Comprehensive Service

    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.

  • Groundbreaking Results

    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.

Consumer Litigation Appeals

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.

To get in touch with our appeals attorneys in Seattle, call (206) 483-0505 or fill out our online contact form today.

  • It is my belief that we came out way ahead of the game but we owe the success to Jacob.

    “Jacob very clearly explained the course of action we should take and held our hand through the very scary process of the bankruptcy nightmare.”

    - Kim & Mike
  • 5 stars are not enough.

    “She knows the ins and outs of all types of bankruptcy, listens to your personal situation, and lays out the options for you.”

    - Joe
  • Jacob successfully took over our Chapter 11 bankruptcy case.

    “His professional attitude and calm and efficient demeanor guided us through what could have been a much more agonizing process. He and his staff worked out a settlement which was actually better than my most optimistic expectation.”

    - Jerry
  • Jacob was always focused on our needs and desires concerning our real estate.

    “He is not an income-driven attorney, but an attorney that gives great value and caring as his greatest assets. He works hard to get his clients the best result possible!”

    - Previous Client
  • If you need their services don't hesitate to give them a call.

    “They offer a no-nonsense/no-hustle approach to financial counseling and bankruptcy. I witnessed a dear friend go through the process, and Henry & DeGraaff was great to them.”

    - Reese H.

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