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Innovative Thinking, Positive Results

Federal Court Case Result

2/15/2022

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Sandra Watkinson vs. Statebridge Co., LLC, Christiana Trust

We won another federal court trial, see in re Watkinson, MA BK Adv. Pro. No. 19-1071-FJB wherein the Court dismissed the remaining counts against the Mortgagee-Servicer-Creditor-Defendants.

The amended complaint asserted Four (4) counts against one or both of the Defendants. In Count I, the Debtor sought damages against both Christiana and Statebridge for violation of provisions of the Real Estate Settlement Procedures Act (RESPA), 12 U.S.C. § 2601 et seq., concerning the obtaining of forced place insurance on the Property.

In Count II, the Debtor sought damages against both Christiana and Statebridge for violation of MASS. GEN. LAWS ch. 93A.

In Count III, the Debtor objected to Christiana’s Proof of Claim, asking that it be disallowed on the basis that Christiana does not hold the promissory note or own the mortgage on which its claim is predicated.

And in Count IV, the Debtor claimed damages against Statebridge (not also Christiana) for another violation of MASS. GEN. LAWS ch. 93A.

​The Court also overruled the Debtor’s objection to the Defendants' Proof of Claim. #12 USCA sec. 2605 
#Bankruptcy Rule 3001(d) #Bankruptcy Code 11 USC 502(b)(2) # Federal Rule Civil Procedure 15(b)(2) amendments to complaints #MGL 93A sec 2
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Securing Forgiveness of a PPP Loan

2/15/2022

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Athens vs. Bank of America

To secure forgiveness of a PPP loan, the borrower must submit to the lender certain documentation demonstrating that the loan meets the requirements for forgiveness, as well as a certification that the loan proceeds were used for permitted purposes. See 15 U.S.C. § 636m(e). If a borrower fails to provide the necessary documentation, its loan is not eligible for forgiveness. Id. at § 636m(f).
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NH Bankruptcy Decision Re: late POC's in Ch. 13's

1/21/2022

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In chapter 13 cases, a timely filed proof of claim is a precondition to allowance of the claim and the creditor’s right to receive a distribution.” San Miguel Sandoval v. Sandoval (In re San Miguel Sandoval), 327 B.R. 493, 512 (B.A.P. 1st Cir. 2005). See also Fed. R. Bankr. P. 3002(a) (requiring creditors to file proofs of claim for the claim to be allowed). Under Rule 3002(c) “a proof of claim is timely filed if it is filed not later than 70 days after the order for relief . . . .” Fed. R. Bankr. P. 3002(c). 11 Generally, tardily filed proofs of claim are disallowed. See 11 U.S.C. § 502(b)(9). A court may extend the time in which a creditor must file a proof of claim if one of seven exceptions is met. See Fed. R. Bankr. P. 3002(c)(1)-(7).
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Leave to Amend Complaint, FRCP 15 (a) (2)

1/21/2022

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Mission Product Holdings, Inc. v. Schleicher & Stebbins Hotels, L.L.C.

2021 BNH 003 (denying leave to amend complaint on futility grounds because proposed amended claims were either precluded by final sale order, application of the doctrine of collateral estoppel, or expiration of statute of limitations). ​
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NBI Live Webinar 1/28/22

1/20/2022

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Real Estate Transactions 2022

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Attorney William Amann will present at the National Business Institute's January 28 course, "Real Estate Transactions 2022," on Friday, January 28. The day-long program will provide an overview of significant changes and the best practices you should be implementing for the new year. From contracts to cybersecurity issues, get the guidance you need to represent clients with competence and confidence.  Click below to register.
REGISTER TODAY
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NBI Live webinar

11/15/2021

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​2022 Bankruptcy Case Law & Rule Change Roundup

I'm looking forward to presenting at National Business Institute’s upcoming course, “2022 Bankruptcy Case Law & Rule Change Roundup” on Wednesday, January 12, 2022. 
REgister Today
​Use Promo Code FSPN50 at checkout to get $50 off! Hope to see you there!

Program Description

Stay Ahead of the Latest Developments

Are you up to date with the most recent changes in bankruptcy law? This program is designed to bring you current major appellate decisions, recent changes to the bankruptcy code, rumblings in student loan law, and more! Don't risk practicing with outdated resources - register today!
​
  • Draw insights from the latest Supreme Court and federal circuit bankruptcy case law.
  • Learn when Subchapter V of Chapter 11 makes sense for individual debtor cases.
  • Understand the effects of recent changes to the Bankruptcy Code.
  • Explore proposed changes in student loan and consumer bankruptcy law.
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FNMA CARES Act

7/13/2020

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PPP Loan Eligibility and Bankruptcy

7/13/2020

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The Blue Ice vs SBA case.
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Boston Bar Association Bankruptcy Law Section Covid-19 Resource Guide

7/13/2020

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In re Anderson, Reaffirmation & Motor Vehicle Leases in Massachusetts Bankruptcy Cases

7/13/2020

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  • Home
  • Our Team
    • Matthew R. Braucher
    • Martha L. Davidson
    • Christopher Jantzen
    • Fahelle Bonheur
    • Anna D’Avolio
    • Jess Mendes
  • Areas of Practice
    • Real Estate Law
    • Bankruptcy
    • Business Law
    • Default Services
    • Civil Litigation
  • About Us
    • Contact Us
    • Legal News
    • Case Results
    • Articles