Comments for Goodman Law Blog http://www.goodmanlawfirm.com/blog Just another WordPress weblog Fri, 18 Nov 2011 17:09:03 +0000 hourly 1 http://wordpress.org/?v=3.3.1 Comment on Litigation: Goodman Law Firm Suceeds in Getting Associated Grocers of Maine’s Bankruptcy Case Dismissed by Bankruptcy: Maine Bankruptcy Filings http://www.goodmanlawfirm.com/blog/?p=288&cpage=1#comment-174 Bankruptcy: Maine Bankruptcy Filings Fri, 18 Nov 2011 17:09:03 +0000 http://www.goodmanlawfirm.com/blog/?p=288#comment-174 [...] James Ebbert, the Court-Appointed Receiver for Associated Grocers of Maine, filed a voluntary petition under Chapter 11 of the Bankruptcy Code on August 26, 2011.  Goodman Law Firm, who represents 53 independent grocers in their dispute with the now-defunct Associated Grocers of Maine, objected to the filing and, at a hearing held on September 12, 2011, Goodman Law Firm was successful in persuading the Bankruptcy Court to dismiss the matter for the Receiver’s lack of authority to file a bankruptcy case on behalf of AGME.  The matter will remain in State Court where the independent grocers will continue to press their demands for return of their capital contributions and a set off against the balances of their capital accounts.Source: goodmanlawfirm.com [...] [...] James Ebbert, the Court-Appointed Receiver for Associated Grocers of Maine, filed a voluntary petition under Chapter 11 of the Bankruptcy Code on August 26, 2011.  Goodman Law Firm, who represents 53 independent grocers in their dispute with the now-defunct Associated Grocers of Maine, objected to the filing and, at a hearing held on September 12, 2011, Goodman Law Firm was successful in persuading the Bankruptcy Court to dismiss the matter for the Receiver’s lack of authority to file a bankruptcy case on behalf of AGME.  The matter will remain in State Court where the independent grocers will continue to press their demands for return of their capital contributions and a set off against the balances of their capital accounts.Source: goodmanlawfirm.com [...]

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]]> Comment on Lumb v. Cimenian – Violations of the Discharge Injunction by Lou Roman http://www.goodmanlawfirm.com/blog/?p=113&cpage=1#comment-132 Lou Roman Wed, 19 Jan 2011 21:43:36 +0000 http://goodmanlawfirm.com/blog/?p=113#comment-132 My wife filed for a Chapter 7 discharge of debts in 2004 and in Sept. 2004 all of her debts were discharged. We have been involved in a foreclosure battle for 11 years wherein the foreclosure mill involved filed the action with fraudulent affidavit, fraudulent (robo signer) and a bogus Notary according to CA. The note portion of the mortgage was discharged as the plaintiff's motion for relief from stay was denied by the Bankruptcy Court in 2004 however since the case was filed by us Pro Se and our knowledge of the impact of the note being discharged was limited we were not aware of the effect that the unsecured note discharge would have on our foreclosure proceedings. Based on your website, we are victims of improper coercive action and subject to sanctions. Can you consider getting involved in our case? Please advise when able, I can be reached at 407-615-0286. Thank you, Louis Roman My wife filed for a Chapter 7 discharge of debts in 2004 and in Sept. 2004 all of her debts were discharged. We have been involved in a foreclosure battle for 11 years wherein the foreclosure mill involved filed the action with fraudulent affidavit, fraudulent (robo signer) and a bogus Notary according to CA. The note portion of the mortgage was discharged as the plaintiff’s motion for relief from stay was denied by the Bankruptcy Court in 2004 however since the case was filed by us Pro Se and our knowledge of the impact of the note being discharged was limited we were not aware of the effect that the unsecured note discharge would have on our foreclosure proceedings. Based on your website, we are victims of improper coercive action and subject to sanctions. Can you consider getting involved in our case? Please advise when able, I can be reached at 407-615-0286. Thank you, Louis Roman

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]]> Comment on Loan Modifications and Bankruptcy by Leigh Bertrand http://www.goodmanlawfirm.com/blog/?p=111&cpage=1#comment-63 Leigh Bertrand Wed, 21 Jul 2010 17:42:48 +0000 http://goodmanlawfirm.com/blog/?p=111#comment-63 Hi Isabel: Once you file a bankruptcy, there is something called the "automatic stay" which essentially precludes any creditor listed on your bankruptcy petition (and your mortgage company would be one of those creditors) from taking any steps to collect on the debts owed to them until the Bankruptcy Court gives them leave to do so. If you are in the process of doing a loan modification with your mortgage company and you file a bankruptcy in the middle of that process, the mortgage company would not be allowed to finalize the modification until the stay is lifted. Obviously if the stay is lifted and you are behind in your payments to the mortgage company, the relief from stay would allow the mortgage company to pursue any option open to them under state law-including foreclosure. There is a way to remain protected by the stay until a deal is reached with the mortgage company. This is a potentially simple process. If the mortgage company will agree to keep negotiating within the stay, once a modification is approved, the mortgage company can file a Motion for Relief from the Automatic Stay with the only purpose of the relief being to effectuate the loan modification. Once relief is granted, and the loan modification is signed, sealed and delivered, you would be free to continue in your bankruptcy case to discharge, hopefully with a great weight lifted from your shoulders! Hi Isabel:

Once you file a bankruptcy, there is something called the “automatic stay” which essentially precludes any creditor listed on your bankruptcy petition (and your mortgage company would be one of those creditors) from taking any steps to collect on the debts owed to them until the Bankruptcy Court gives them leave to do so. If you are in the process of doing a loan modification with your mortgage company and you file a bankruptcy in the middle of that process, the mortgage company would not be allowed to finalize the modification until the stay is lifted. Obviously if the stay is lifted and you are behind in your payments to the mortgage company, the relief from stay would allow the mortgage company to pursue any option open to them under state law-including foreclosure. There is a way to remain protected by the stay until a deal is reached with the mortgage company. This is a potentially simple process. If the mortgage company will agree to keep negotiating within the stay, once a modification is approved, the mortgage company can file a Motion for Relief from the Automatic Stay with the only purpose of the relief being to effectuate the loan modification. Once relief is granted, and the loan modification is signed, sealed and delivered, you would be free to continue in your bankruptcy case to discharge, hopefully with a great weight lifted from your shoulders!

]]> Comment on Loan Modifications and Bankruptcy by Isabel http://www.goodmanlawfirm.com/blog/?p=111&cpage=1#comment-54 Isabel Sun, 18 Jul 2010 23:52:02 +0000 http://goodmanlawfirm.com/blog/?p=111#comment-54 Hello- I went to three BK attorneys and all three of them told me that since my mortgage loan is under modification, I cannot file bankruptcy until modification is finalized. What can I do to speed up process if this is true?? This is causing too much stress for me and I cannot think straight anymore due to so many phone calls from creditors. Hello-

I went to three BK attorneys and all three of them told me that since my mortgage loan is under modification, I cannot file bankruptcy until modification is finalized. What can I do to speed up process if this is true?? This is causing too much stress for me and I cannot think straight anymore due to so many phone calls from creditors.

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