Success Stories

Consumer Matters 

Brought State Court Litigation to Assert Wife’s Homestead Right, Prevent a Foreclosure, and Arrived at a Settlement Keeping the Home
Represented a debtor’s wife in state court litigation and then litigation before the bankruptcy court to assert and protect the wife’s homestead right.  In New Hampshire there is a right to your homestead (the place where you live) that is protected from attachment by your creditors unless you waive the homestead right by signing a homestead waiver.  In this case the debtor’s wife did not waive her homestead.  When foreclosure was imminent, Deshaies Law filed suit to enjoin the foreclosure and assert the wife’s homestead rights.  A bankruptcy was then filed to discharge any equitable obligation the wife might have toward the mortgagee.  The goal is to empower the debtor and his wife to achieve a loan modification which would allow them to keep their home.  Since the suit was filed the wife has gone back to school and now is able to contribute to the household income with hope of achieving a settlement under which they can keep the home.  This litigation is still pending.  

Helped Single Mom Avoid Bankruptcy by Settling with Condo Association
Represented a single mom who had moved out of her condo but would still obligated for condo fees until she could short sale the property or it was sold at foreclosure.  The problem was that the mortgagee would not approve the short sale for which she had secured a purchase and sales agreement nor would it schedule the property for foreclosure.  By working with the condo association legal counsel, Deshaies Law secured a settlement with the condo association allowing the single mom to rent out the condo, pay a portion of the rent to the association each month for current and back fees.  In return Deshaies Law secured the association’s release of other back fees so that the single mom could move on.   

Prevented Foreclosure When Mortgagee Lost Home Owner’s Payments
Sued a mortgage company and its servicer for losing a home owner’s payments under a temporary modification. The lawsuit stopped a pending foreclosure sale, encouraged the mortgage company to find his payments and apply them properly, and resulted in a settlement under which the homeowner was reimbursed his attorney’s fees -- with some additional damages paid via interest reduction -- and his mortgage was reinstated. 

Brought Plea of Title Action to Recover Consumer’s Home After Wrongful Foreclosure
Filed suit against a mortgage company and the holder/investor of the loan because the foreclosure was wrongful.  The consumer had been promised that if she made a partial payment in a certain amount by a certain date that the foreclosure would be postponed.  The consumer made the payment but the mortgagee foreclosed anyway.  Because the mortgage company made this promise and the consumer relied on it, the consumer was deprived of other opportunities to reinstate the mortgage and prevent the foreclosure.  The goal of the litigation is to secure a return of the title to the real estate, recover the consumer’s attorney’s fees, and as further recovery secure some interest or principal reduction.  This litigation is pending.  

Commercial Matters 

Brought Successor Liability Action Against Buyer of Business Operating in Same Location, With Same Equipment, Customers, and Services
Represented a creditor in state court in Massachusetts asserting a successor liability claim against the buyer of a business.  The new/existing business bought a prior business and took over its location, equipment, website, telephone number, and customer base.  It sells the same goods and services and employs some of the same staff.  The assertion is that the new business bought the old as a going concern and should be held accountable for the prior business’s debt.  This litigation is still pending. 

Represented Individual, Secured Creditor in Chapter 11 Bankruptcy  
Represented a creditor in bankruptcy litigation contesting the value of the creditor's interest in the collateral securing the loan.  Brought and litigated to successful conclusion an action to re-characterize the debtors' obligation to its principal as equity instead of debt.  Successfully defended, in litigation, the amount of the debt owed to the secured creditor involving a prior forbearance agreement.

Represented  Official Committee of Unsecured Creditors in Chapter 11 and Chapter 7 Trustee  
Prosecuted numerous adversary proceedings to recover preferential transfers from debtor's trade creditors with favorable results for the bankruptcy estate.  Prosecuted and favorably resolved fraudulent transfer actions recovering substantial sums for the bankruptcy estate for distribution to unsecured creditors. 

Defended Construction Company in an Involuntary Chapter 7 Bankruptcy  
Secured dismissal of the involuntary bankruptcy proceeding by achieving a finding of bad faith on the part of the creditors who filed the involuntary petition. This involved litigation in the bankruptcy court challenging the assertions made by the creditors who filed the involuntary petition.

Defended Individuals in Trustee Preference Litigation
Successfully defended commercial entities and individual, former employees in trustee preference action. This involved: invoking the appropriate Section 547 defenses, gathering and analyzing the necessary evidence; preparing position statements; engaging in pre-trial discovery and negotiation; and engaging in litigation when necessary.   

Represented Commercial and Consumer Debtors in Bankruptcy and Out of Court Solutions  
Provided pre-bankruptcy assessments as to whether bankruptcy would be an appropriate vehicle to address the debtor's financial problems.  Assessed assets, liabilities, possible adversary claims, and other discharge related matters. Secured loan modifications to avoid bankruptcy where possible. Brought litigation to address accounting errors and other issues with real estate foreclosures and to gain title to home back where foreclosure was defective.