Galloway Johnson | Bankruptcy Creditors' Rights
Galloway Johnson offers national and local bankruptcy services on behalf of secured and unsecured creditors in proceedings filed under Chapter 7, Chapter 11, Chapter 12, and Chapter 13 of the Bankruptcy Code. The Firm can manage high volume, bankruptcy portfolios and provides comprehensive representation to its creditor clients nationwide.
As part of its comprehensive mortgage default practice, the Firm also provides end to end legal services to financial institutions including banks, credit unions, mortgage servicers, institutional investors, private firms, and other commercial clients.
Creditors' rights attorneys at the firm provide the following bankruptcy services on a national, regional, statewide, or portfolio basis:
- Proofs of Claim
- Plan Reviews and Objections to Confirmation
- Defense of Claim Objections
- Mortgage Disputes and Litigation
- Vehicle Disputes and Litigation
- Lien Avoidance Actions Brought by Debtors and Trustees
- 910 claims
- Motions for Relief from Stay
- Defense of Preference and/or Fraudulent Transfer Actions Brought by Trustees or Debtors
- Payment Compliance and Monitoring
- Reaffirmation Agreements
- Bankruptcy Loss Mitigation Services
- Defense of Debtor and Trustee Motions
- Adversary Proceedings and Litigation
- Discharge violations
- Discharge Audits and Reviews
- General Bankruptcy litigation
- Pursuit of 503(b) Administrative Claims
- Successfully negotiated settlement with Chapter 11 Debtor regarding Creditor's valuable proprietary data that Debtor attempted to use as a marketing tool in the auction and sale of Debtor's assets.
- Successfully appealed Bankruptcy Court ruling against mortgage servicer to the Fifth Circuit Court of Appeals; the Court of Appeals reversed and remanded the Bankruptcy Court's ruling finding that judicial estoppel does not prevent a creditor from filing inconsistent Proofs of Claim in successive bankruptcy proceedings when the prior bankruptcy cases were dismissed without Debtor receiving a discharge.
- Successfully represented mortgage servicer in contested Chapter 13 proceeding where Debtor purchased mortgaged real estate from the borrower with the borrower paying the mortgage in full at closing; the Bankruptcy Court found that the due on sale clause applied, and the non-borrowing Debtor could not circumvent the due on sale clause; further, 11 U.S.C. 1322(b)(2) prohibited Debtor from modifying the terms of the Deed of Trust; the Bankruptcy Court lifted the automatic stay and allowed the mortgage servicer to foreclose.
- Defended the validity of mortgages and deeds of trusts brought in adversary proceedings arising from Chapter 13 and 7 bankruptcy filings due to alleged legal description errors, spousal consent issues and faults in lien execution.
- Successfully represented mortgage servicer in annulling the automatic stay retroactively under 11 U.S.C. 362(d) to validate a post-petition foreclosure sale conducted after Debtor and her non-filing husband filed her eighth Chapter 13 proceeding to stop the foreclosure; the Bankruptcy Court found that Debtor did not file her case in good faith and that the equities favored the creditor.
- Successfully represented mortgage servicer in declaring Debtors vexatious litigants in two bankruptcy proceedings after Debtors filed multiple bankruptcy proceedings and state and federal court litigation to impede foreclosure.
- Successfully represented mortgage servicer in preference action based on allegation that an otherwise valid foreclosure allowed the mortgage servicer to receive more than it would have received in a hypothetical Chapter 7 case because Debtor had significant equity in the Property, and the Property could have been sold to pay unsecured creditors; the Court found that Debtor could not void the foreclosure when the value of the real estate was less than total secured debt owed on the Property.
- Obtained favorable settlement from Chapter 13 debtor by way of a discharge objection due to fraudulent business dealings.
- Successfully defended Creditor in $750,000.00 clawback attempt by the estate of a large corporate Chapter 11 bankrupty in the Western District of Missouri.
- Successfully represented law firm in investigation by United States Trustee regarding the firms factual disclosure practices in its Motions for Relief which lead to no formal filings by the United States Trustee.
Scott Mueller firstname.lastname@example.org 314.725.0525
Branch Sheppard email@example.com 713.599.0700
Brad Anderson firstname.lastname@example.org 913.689.8907
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