Case Results

  • Successfully Overturned Court Order Hernandez v. Franklin Credit Mgmt. Corp.

    Litigated a case overturning a bankruptcy court’s adversary proceeding order objecting to a proof of claim for a second mortgage on statute of limitations grounds.

  • Successful Dismissal of Judicial Foreclosure Bank of New York Mellon as Tr. for benefit of certificate holders of CWABS, Inc., asset-backed certificates

    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).

  • Partial Summary Judgment & Mortgage Eliminated Smith v. Bank of New York Mellon

    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.

  • All 10 Cases Dismissed with Prejudice National Collegiate Student Loan Trust 2007-2 v. Brown v. Osure Brown and Tommy Brown, King County Superior Court

    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.

  • $25,000 in Homeowner Dues Discharged Goudelock v. Sixty-01 Association of Apartment Owners

    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.

  • Settlement Reached Before Trial Gray v. ZB, N.A.

    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.

  • Defeated Motion for Summary Judgment Thomas v. Flagstar Bank, N.A. and Green Tree Servicing, LLC

    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.

  • Partial Discharge of Student Loan Liability Stafford v. Navient Solutions, Inc., et. al.

    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.

  • Case Settled for $130,000 In re Snowden

    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.

1 / 2