Prepared by James A. Dohnalek Jr. Esq. with at Shapiro & Zielke serving Minnesota
11 U.S.C. § 362(c)(3)(A) of the bankruptcy code states that when a debtor had a bankruptcy case pending within the preceding year, and it was dismissed, the automatic stay "shall terminate with respect to the debtor or property securing such debt ... on the 30th day after the filing of [a second] case". There is a split among the bankruptcy courts as to whether this section of the code lifts (i) the automatic stay as to the debtor and the bankruptcy estate, or (ii) just the automatic stay as to the debtor. In the past, the position of the Minnesota bankruptcy courts had been that § 362(c)(3)(A) lifts the automatic stay as to both the debtor and the property of the estate.
Prepared by Sviatlana Liashchyna, Legal and Regulatory Compliance Attorney for LOGS Legal Network
The courts have issued numerous judicial interpretations related the Fair Debt Collection Practice Act (FDCPA) since its enactment and many directly contradict each other. The 7th Circuit recently issued its opinion in Preston v. Midland Credit Mgmt., No. 18-3119, 2020 U.S. App. LEXIS 1775 (7th Cir. Jan. 21, 2020) finding printing "TIME SENSITIVE DOCUMENT" on a mailing envelope constitutes a violation of § 1692f(8) of the FDCPA which directly contradicts 5th and 8th circuits’ decisions allowing a "benign language" exception to that provision.
Prepared by Lucretia Scruggs, Esq. with Shapiro Pendergast & Hasty serving Georgia
In December 2016, when Bankruptcy Rule 3002.1 was enacted, the mortgage industry worried about the increase in administrative work and the cost of noticing and keeping track of fees and expenses while a borrower was in bankruptcy. The rule appeared to be quite simple: the fees and costs the debtor incurred were to be noticed with the court within 180 days of their incurrence. There were already in place industry standards of what the usual fees would be, so no one truly believed that this would cause concerns or that many of the Post-Petition Fee Notices would be objected to. Additionally, the Note and/or Security Deed usually contain a provision that allows for the collection of bankruptcy post-petition fees. Only a few years later are we learning that this is not the case.
LOGS Network is pleased to announce the appointment of Mark Carey to the position of Chief Financial Officer ("CFO") effective January 27, 2020.
Mark has over twenty-five years of accounting, auditing, and financial operations experience and most recently served as Executive Vice President of Finance and Accounting for a360inc. Before his role with a360inc, he served as Controller for Financial Compliance with The LOGS Group, LLC.
Mark is a Certified Public Accountant and holds a B.A. in accounting and a Masters of Tax degree.
Prepared by Jason P. Dionisio, Esq. with Shapiro, DiCaro & Barack, LLC serving New York
2019 was a busy year for the default servicing legal community in New York State that culminated with an eventful month of December. As the year came to a close, state laws were enacted relating to marketing, origination, and management of reverse mortgage products that fall under HUD’s home equity conversion program for seniors; the right of the city, village, or town in which the property is located to commence a court proceeding to compel any mortgagees with completing foreclosure actions on abandoned or vacant properties; and standing defense in foreclosure actions.
The Janeway-LOGS partnership now consists of Janeway Law Firm, P.C., a certified woman-owned law firm serving Colorado since 2004 and affiliated with the LOGS Network since 2013; and Janeway Law Firm, LLC, serving Arizona, California, Oregon, and Washington.
“As a woman-owned law firm, we are excited about this expansion and our growing opportunity to serve our clients across multiple states,” said Lynn Janeway, Esq., Managing Shareholder of Janeway Law Firm, P.C. (Colorado) and Managing Member of Janeway Law Firm, LLC (Arizona, California, Oregon, and Washington).
“With this merger, Lynn’s firm becomes one of the largest woman-owned law firms in the industry and her long career, both as an attorney and businesswoman, is a key differentiator of LOGS’ western states strategy,” said LOGS founder Gerald M. Shapiro, Esq. Shapiro continued, “We are grateful for the foundation of our legacy firms in these states, and LOGS is especially excited about the opportunity to expand the footprint of a woman-owned firm in the region under Lynn’s leadership.”
Prepared by Kathleen Magoon, Supervising Foreclosure Attorney and Christopher DeNardo, Managing Partner, Shapiro & DeNardo, LLC, serving PA + NJ
2019 was a busy year in New Jersey, with nine new statutes enacted that impact mortgage foreclosure. In addition to these statutes, the Legislature and the Courts are heavily promoting borrowers’ entry into the Court’s sponsored Mediation Program.
Further, the Courts and the Office of Foreclosure introduced a new wrinkle in the Mediation Program in that once a borrower accepts a trial loan modification, the Court will close the case. In a measured effort to remove matters from the Docket, the Court takes the position the case will be considered “settled” upon the borrower’s acceptance of an offer of a trial loan modification.
Prepared by Marcus Pratt, Attorney – Korde & Associates, P.C. serving all of New England
As we turn the page on 2019 and embark on a new decade, debtors’ attorneys will be armed with new tools in their “bankruptcy tool belts.” Effective February 19, 2020, the provisions of the Small Business Reorganization Act of 2019 (“SBRA”)—known colloquially as Subchapter V of Chapter 11—go into effect. Subchapter V adopted to create streamlined procedures for the Bankruptcy Court, potentially resulting in reduced costs (and related benefits) for individual small business debtors—with an emphasis on debtors under the Subchapter being able to file consensual plans of reorganization.
LOGS Network, the nation’s largest commonly-owned multi-state network of creditors’ rights law firms, today announced that phase two of the Network’s rebrand project has been completed. Phase one, the rebrand of the core LOGS Network national brand was revealed earlier this year during the MBA’s National Mortgage Servicing Conference held in late February in Orlando, Florida. Phase two includes entirely new microsites for each of LOGS’ network-affiliated law firms, a total of 20 commonly-owned law firms servicing over 30 states, all backed by common ownership, technology, compliance, and national operational support.
“This is the most comprehensive branding we’ve ever had in LOGS’ four decades of service to the industry. We are proud to showcase our footprint of over 30 states and depth of experience that spans more than 40 years. Today, it’s easier than ever to see why LOGS is the premier choice for mortgage servicers, investors, and other financial institutions,” said Kay Schinker, Chief Operating Officer of LOGS National.
Included in phase two, along with the microsites for each LOGS firm, is a foreclosure sales portal that includes thirteen states, one of the industry’s most comprehensive resources for real-time foreclosure sales information. Both pending and held sales are available for the majority of states participating in the portal.
The rebrand project for LOGS Network has been in partnership with SQFT Management, a boutique Washington, D.C.-based marketing and design firm primarily focused on the financial services, real estate, and legal industries.
About LOGS Network
Founded in 1971, LOGS Network is the nation’s largest, commonly-owned multi-state network of creditors’ rights law firms. LOGS Network offers local legal expertise in 30+ states and the District of Columbia, backed by national operations, technology, and compliance support. Based in Bannockburn, IL, LOGS Network was founded over 40 years ago by Gerald M. Shapiro, Esq. and David S. Kreisman, Esq., who are still actively involved in the day-to-day management of LOGS Network’s 200+ attorneys and 800+ team members. Learn more at LOGS.com or contact LOGS Network at info@LOGS.com.
This blog post is provided for educational and informational purposes only and is not intended and should not be construed as legal advice or used as a substitute for competent legal advice. By using this information, you understand that there is no attorney-client relationships between you and the author of this post.