Can you Protect your Claim in Bankruptcy?
Not all debts are dischargeable in bankruptcy. The key is to know which claims can be exempted from discharge and then what steps you, as a creditor, need to take to preserve your non-dischargeable claim.
The Importance Of Notarizing Loan Documents: “Wasn’t Me” Defense
By: Kristen Wetzel Ladd What happens in a situation where an obligor on a debt disputes that the signature on the loan document was that of the obligor? Further, assume that the signature on the loan document was notarized. Many creditors have their loan documents notarized precisely to avoid …
Builder Beware: Commonwealth v. Cutler?
By: Nancy J. Glidden sup {vertical-align:super;font-size:smaller;padding-right:2px;} A recent matter that has captured the attention of homebuilders and homeowners alike is the decision by the Pennsylvania Attorney General’s office (“AG”) to enter into the realm of home defects. Commonwealth of Pennsylvania v. The Cutler Group, Inc. d/b/a The David …
Recovery of Attorney Fees
By: John Fiorillo Litigation is expensive. The highest cost associated with litigation is usually the attorney’s fees. The costs of litigation is often a substantial factor in the decision to litigate as well as ultimately settle a case. As a consequence, the ability to recover costs and, in particular, attorney’s fees is of critical …
New Form Act 6/91 Notice as of September 1, 2016
By: Kristen Wetzel Ladd The link below is a new form of the combined Act 6/91 pre-foreclosure notice, which must be sent at least 33 days (30 days plus 3 days for mailing) before commencing an owner-occupied residential mortgage foreclosure, or executing on a “residential mortgage obligation” (which can include a money judgment …
We can help you determine whether you are a candidate for an assessment appeal to reduce your real estate taxes.
By: John K. Fiorillo It’s that time of year again. The deadline for appealing tax assessments in Montgomery, Delaware, Chester and Bucks Counties is August 1, 2016. Any reduction is effective January 1, 2017. The deadline for Philadelphia is the first Monday of October. Your real estate taxes support your local school district, county …
Direct Relation Test Challenged in PA Supreme Court – Why Disclosure for Confession is Essential
By: Kristen Wetzel Ladd A recent case challenging the denial of a petition to open a confessed judgment has been granted appeal by the Pennsylvania Supreme Court. The case of Graystone Bank v. Grove Estates, 58 A.3d 1277, 2012 PA Super 274 (2012) has been appealed to determine the validity of the warrant of …
Recent Pennsylvania Case Highlights Importance of Re-Stating Warrants of Attorney in Modification Documents
The recent Pennsylvania case The Bancorp Bank v. Mancini highlights the importance of re-stating warrants of attorney in modification documents involving Pennsylvania commercial loans.
Execution on a Confessed Judgment Against Personal Property
By: Kristen Wetzel Ladd Pennsylvania law provides for two alternative methods of execution on a confessed judgment against personal property.[1] After judgment has been confessed and the creditor wants to proceed with execution, the creditor must decide whether to proceed with the 30 day notice procedure under Pennsylvania Rule 2958.1 or proceed with …
What You Need To Know About The Recent Changes To The Rules of Civil Procedure Governing E-mail and Other Forms of Electronic Discovery
It was not so long ago that courts would not allow a litigant to access another litigant’s computer drives unless some sort of good cause – a likelihood of document destruction or tampering – was first shown. The ever-increasing use of computers and e-mail forced courts to re-examine this requirement. As a result, in 2010, …