Molleur Law Blog

Showing articles 1 - 10 (224 total)

Molleur appointed to Local Bankruptcy Rules Committee

Posted on 05/20/2017 at 09:46 pmViewed 185 times

The Court recently appointed James Molleur as a member of the Local Bankruptcy Rules Committee.  The Committee considers new rules and revision of existing rules that govern the processing of bankruptcy cases in the Maine Bankruptcy Courts.  The Committee consists of a group of attorneys representing debtors and creditors, as well as the US...

Recent Maine Bankruptcy Court Cases

Posted on 05/20/2017 at 09:32 pmViewed 187 times

Two decisions from the Maine Bankruptcy help us understand how the Court will process Chapter 13 cases and how the Court will consider the dischargeability of student loan debts. In the case of In re Jones , the Court concluded that Section 1324 of the Bankruptcy Code required debtors to schedule a hearing on confirmation of their Chapter 13...

Molleur Law welcomes attorneys Christopher J. Keach and Elizabeth Ann Miller to our legal team!

Posted on 03/31/2017 at 04:03 pmViewed 301 times

Molleur Law welcomes attorneys Christopher J. Keach and Elizabeth Ann Miller to our legal team! Attorney Chris Keach first joined Molleur Law part-time in August 2015 and then became an associate in November 2015.  This welcome is long overdue for Chris!  In the time Chris has been here, he has been an invaluable addition to both the...

Court Finds Loan Modification Agreement Enforceable Even Though Lender Did Not Sign

Posted on 03/31/2017 at 03:40 pmViewed 269 times

In Carson v. Ocwen, Litton, and Bank of New York as Trustee , the U.S. Federal District Court of Maine found that a loan modification agreement that the Carsons signed, returned, and made years of payments on was indeed enforceable even though the lender or servicer did not sign it.   The Court found: The plain language of the executed...

Debt buyer violates MDCPA, 93A by collecting while unlicensed

Posted on 03/22/2017 at 12:48 pmViewed 316 times

In a case vs. Midland Funding, LLC, Attorney Miller wins a case for her client.  To find out more about the case see the document below: To find out more about Molleur laws services for unfair debt collection click here .

Favorable Decision for Maine Homeowners

Posted on 01/12/2017 at 01:41 pmViewed 639 times

The U.S. District Court for the State of Maine issued a decision this week that clarifies Maine homeowners' rights after consenting to a foreclosure judgment with a waiver of deficiency.  In  Kowalski v. Seterus, Inc. , Judge Woodcock denied Seterus' Motion to Dismiss Kowalski's claims under the Fair Debt Collection Practices Act (FDCPA), the...

Need Help Understanding Your Student Loans?

Posted on 12/21/2016 at 10:22 amViewed 536 times

Federal loans? Private loans? Subsidized loans? Unsubsidized loans? Perkins loans? Parent plus loans? Direct loans? Cost of living loans?  There are many different types of loans that students use to pay for their educations.  Each type has special repayment terms and some have deferment, forbearance and forgiveness opportunities while others...

Case filed against Wells Fargo Home Mortgage/America's Servicing Company and Bank of NY Mellon as Trustee

Posted on 12/02/2016 at 12:15 pmViewed 815 times

Attorneys Andrea Bopp Stark and Christopher Keach filed an action last week on behalf of a home loan borrower against Wells Fargo Home Mortgage and the Bank of New York Mellon as Trustee for violations of the automatic stay and discharge injunction of the bankruptcy code (11 U.S.C. §362 and 11 U.S.C. §524). Other claims alleged include...

New Hampshire Court Defines Loan Servicer Chase's Responsibilities on Loss Mitigation Efforts

Posted on 12/02/2016 at 11:44 amViewed 534 times

Attorney Andrea Bopp Stark and her co-counsels received a good decision last week in Dionne v. Chase, Fannie Mae pending in the New Hampshire Federal District Court. The decision outlined the rights and responsibilities of borrowers and loan servicers in the loan modification process. Some highlights include: Loan servicers must comply with...

Discharge Denied for Failure to Disclose Assets

Posted on 11/27/2016 at 01:26 pmViewed 614 times

The First Circuit Court of Appeals recently denied a debtor his discharge for failing to list an exempt retirement account on his bankruptcy schedules.  In the case of Premier Capital, LLC v. Richard Crawford, the First Circuit upheld a decision by the Massachusetts Bankruptcy Court to deny a debtor his discharge as to all debts due to his...

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