Loss Mitigation and Loan Modification in Bankruptcy Court

On September 19, 2016, in Bankruptcy, by Robbie L. Vaughn, Esq.
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(Bankruptcy Court -EDNY – Central Islip, NY)

Bankruptcy Court’s Loss Mitigation Program

In 2009, The United States Bankruptcy Court – Eastern District of New York adopted a Loss Mitigation Program which applies in all individual Chapter 7, 11, and 13 cases.

The Bankruptcy Court’s General Order #543 provides the following:

The term “loss mitigation” is intended to describe the full range of solutions that may avert the loss of a debtor’s property to foreclosure, increased costs to the lender, or both. Loss mitigation commonly consists of the following general types of agreements, or a combination of them: loan modification, loan refinance, forbearance, short sale, or surrender of the property in full satisfaction. The terms of a loss mitigation solution will vary in each case according to the particular needs, interests, and goals of the parties.

Loss Mitigation may be requested by a debtor or creditor.  Also, the Bankruptcy Court may enter a Loss Mitigation order at any time after notice to interested parties.  However, in our experience, the Debtor’s attorney typically files a motion requesting loss mitigation in an effort to obtain a loan modification for the debtor.

We currently have several clients who are participating in the loss mitigation program. The program has some similarities to foreclosure settlement conferences held in state court, but appears to move along at a much faster pace.

You can click here to watch a video entitled “Loss Mitigation and Mortgage Modification in Bankruptcy Courts.”

Additionally, you can always call the Law Firm of Vaughn, Weber & Prakope, PLLC at 516-858-2620, to speak with an experienced bankruptcy attorney.

 

The Difference Between Misdemeanor and Felony Crimes

On September 19, 2016, in Criminal, by John A. Weber IV, ESQ.

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(image provided by wikipedia)

The Difference Between Misdemeanor and Felony Crimes

Misdemeanor and Felony crimes are defined differently.  Felony Crimes are crimes which are punishable by a year or more in prison. Violations are technically not crimes and tend to involve fines and no more then 15 days in jail. While misdemeanor crimes are punishable by at most one year. The location and particular circumstances of incarceration are handled by the department of corrections or on the federal level the bureau of prisons.

The felony classifications in NY are as follows:

A1

A2

B

C

D

E

Mis A

Mis B

Mis unclassified

Each of the above classifications of misdemeanor and felony crimes carry with it sentencing guidelines which may limit a Judge’s discretion during sentencing. One significant aspect of misdemeanor and felony crimes is that the Supreme Court has stated that any crime for which a jail term of one year or can be sentenced will be deemed a “serious crime” and will trigger a defendants right to a jury trial. In New York this means that a class A misdemeanor will mean that a defendant has a right to a jury trial. Many times felony convictions will mean certain rights such as the right hold public office, serve on a jury, vote, own firearms, the right to hold professional licenses such as in the areas of law or medicine and even the right to certain public housing will be terminated. These rights may or may not be terminated with the conviction of a misdemeanor. During the plea bargaining process prosecutors will sometimes be willing to drop charges from felonies to misdemeanors but this is often more difficult then negotiating a plea agreement to the initial charge.

Criminal Defense Attorney

Retaining an attorney that understands the potential  consequences of a misdemeanor and felony conviction can make a huge difference in your case. When you or a loved one are facing criminal charges, you need someone fighting on your side. Call the Law Firm of Vaughn, Weber & Prakope, PLLC at 516-858-2620 to speak to an experienced criminal defense attorney.

Arraignment

On September 16, 2016, in Criminal, by John A. Weber IV, ESQ.

Arraignment

The arraignment process in New York is one of the initial proceedings in a criminal case. From the client’s perspective, it can often be determinative of how effective their level of legal representation will be. If released on bail often the defendant will likely have easier and more open communication with their criminal defense attorney(s). They also will likely have more of an opportunity to hire an attorney that may specialize in the area or crime that they are charged with. Furthermore, they can take steps such as enrolling in a drug treatment program to pursue leniency from the courts and show that they wish to decrease their chances of recidivism. Criminal Procedure Law § 510.30 Application for recognizance or bail; rules of law and criteria controlling determination, states that some of the factors for courts to consider are,

The principal’s character, reputation, habits and mental condition; (ii) His employment and financial resources; and (iii) His family ties and the length of his residence if any in the community; and (iv) His criminal record if any…..

In theory, the purpose of bail is to ensure that a defendant will return to court for their next court date and not flee the jurisdiction. The options available for a defendant to pay their bail is typically a cash option or a bond option. The bond option will involve contacting a bail bond insurance company and posting some sort of collateral so that the bail bond company will pay bail for the defendant. Sometimes signing over a defendant or a defendant’s families house or car may occur.

Criminal Defense Attorney

Retaining an attorney that understands the nuances of bail applications can make a huge difference in your case. When you or a loved one are facing criminal charges, you need someone fighting on your side. Call the Law Firm of Vaughn, Weber & Prakope, PLLC at 516-858-2620 to speak to an experienced criminal defense attorney.

On September 15, 2016, in Criminal, by John A. Weber IV, ESQ.

Criminal Hearings to Determine if a Search is Reasonable

The fourth amendment of the United States Constitution guarantees that “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated….” In recent times these principles have had real life consequences on New Yorkers with regard to issues such as the controversial “Stop and Frisk” policy of the NYPD, and arbitrary traffic stops that sometimes result in arrests for driving while intoxicated or drug offenses. There are three main types of criminal hearings in the New York Courts that are held to determine the reasonableness of police search and seizures that relate to these fourth amendment principles. These criminal hearings respectively are; Mapp, Huntley, and Dunaway hearings.

A Mapp Hearing deals with the admissibility of physical evidence obtained by the police as a result of an illegal search.

Huntley Hearings are held to determine if a defendant’s statements to police were made voluntarily and not coerced. If they are found to have been coerced then under the Huntley rule they will not be admissible as evidence.

A Dunaway hearing is held to determine whether evidence was obtained by police as the result of an arrest made where police lacked probable cause to make the arrest in the first place. If it is determined that police lacked probable cause to initiate an arrest any subsequent statements or evidence obtained by police as the result of the arrest will be held inadmissible in court.

Criminal Defense Attorney

Retaining an attorney that understands the nuances of these hearings and how to challenge the accuracy and veracity of evidence in court can and will make all the difference in your case. When you or a loved one are facing criminal charges, you need someone fighting on your side. Call the Law Firm of Vaughn, Weber & Prakope, PLLC at 516-858-2620 to speak to an experienced criminal defense attorney.

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. This website is Attorney Advertising. It does not form an attorney-client relationship. We are a debt relief agency and a law firm that helps people file for bankruptcy relief under the U.S. Bankruptcy Code – Title 11. Prior results do not guarantee a similar outcome. Proudly assisting residents of Long Island, Nassau county, Suffolk county, New York City, Queens, Brooklyn, Bronx, Staten Island, Manhattan