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.