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Stark Succeeds in Class Action Litigation

Posted on 07/07/2009 at 12:00 am | Viewed 992 times

Andrea Stark, working with the lawfirm of Roddy and Klein, in Boston Massachusetts, recently succeeded in defeating a motion to dismiss a class action lawsuit filed on behalf of debtors refinancing their homes who were overcharged by title insurance companies for title insurance.  The case of Campbell v. First American Title Insurance Co.

Mandatory Mediation in Foreclosure

Posted on 06/12/2009 at 12:00 am | Viewed 759 times

The Maine Legislature recently passed LD 1418 on an emergency basis, requiring mortgagees to participate in mediation prior to seeking a foreclosure judgment.  The new law requires mortgagees to notify homeowners of the availability of mediation and loan modifications when sending default notices and at the commencement of a foreclosure

Unlisted Debts Not Discharged

Posted on 05/11/2009 at 12:00 am | Viewed 872 times

The First Circuit Court of Appeals recently ruled that unlisted debts remain undischarged in a no asset Chapter 7 case, in Colonial Surety Company v. Weizman, decided May 6, 2009.  The First Circuit recognized that there was a difference of opinion on this issue in other circuit courts of appeal.  Maine Bankruptcy Judge Haines in the

First Circuit Allows Homestead Exemption

Posted on 04/05/2009 at 12:00 am | Viewed 736 times

The First Circuit, in Stornawaye Financial Corporation v. Hill (In re Hill), decided a matter of first impression when it determined that a debtor, who had fraudulently transferred real estate to his spouse, but later had the property re-conveyed back to him before filing bankruptcy was entitled to a homestead exemption in the

BAP Reverses Bankruptcy Court

Posted on 03/19/2009 at 12:00 am | Viewed 810 times

The First Circuit Bankruptcy Appellate Panel recently reversed a decision of the Maine Bankruptcy Court in the case of In re Lumb.  Lumb, represented by Joseph Goodman, Esq. of Portland, Maine, filed a Chapter 7 bankruptcy petition in 2001.  After filing, a creditor, Nahabet Cimenian, threatened to sue Lumb's wife if Lumb didn't pay

House Passes Loan Modification

Posted on 03/07/2009 at 12:00 am | Viewed 739 times

The U.S. House of Representatives recently passed its version of the "Helping Families Save Their Homes Act of 2009".  The legislation must now go to the U.S. Senate for passage and then the House and Senate versions of the law must be reconciled before the law is presented to the President for his signature.

The House version of

NACBA Report on Loan Modifications

Posted on 01/31/2009 at 12:00 am | Viewed 703 times

The National Association of Consumer Bankruptcy Attorneys (NACBA) has issued a press release which provides evidence that loan modifications are not effectively working for many homeowners.  NACBA's research shows that more than half of homeowners in financial distress are not being helped by loan modifications and those that are helped

Loan Modifications in Chapter 13

Posted on 01/06/2009 at 12:00 am | Viewed 826 times

Mortgage companies understand that they need to be more reasonable with borrowers in financial trouble.  Many mortgage companies are willing to agree to loan modifications which alter the interest rate of loans and incorporating missed mortgage payments into the mortgage loan, provided that the borrower meet certain financial

Means Test Ruling in Maine

Posted on 11/30/2008 at 12:00 am | Viewed 618 times

The Maine Bankruptcy Court issued a ruling on November 18, 2008 on the means test in the case of In re Coffin.  Coffin filed a Chapter 13 bankruptcy case and filed a Chapter 13 plan.  A creditor and the Chapter 13 Trustee objected to the plan on the grounds that the means test required Coffin to pay more money into his payment plan

Stark and Hayden attend NCLC Conference

Posted on 10/29/2008 at 12:00 am | Viewed 398 times

Andrea Bopp Stark and Jennifer Hayden recently attended the National Consumer Law Conference in Portland, Oregon.  The annual conference is the premier consumer law conference in the United States.  Attorneys attending the conference are among the most advanced consumer law attorneys in the country.  The NCLC publishes a series

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