Bankruptcy & Debt

Marcus is dedicated to helping people who have experienced financial difficulties as a result of life’s unexpected hardships. His law practice focuses on helping individuals and businesses solve their debt problems through bankruptcy. Marcus graduated from Texas Tech University School of Law (J.D., 1995) and Texas Christian University with a business degree (B.B.A., 1992). He has helped many clients get the financial and emotional fresh start they are looking for by guiding them to a successful conclusion of their bankruptcy case. Marcus is licensed to practice in the State of Texas courts and United States District Court (Northern and Eastern Districts of Texas). He is a member of the Dallas and Tarrant County bar associations. A lifelong resident of Texas, Marcus grew up in Sherman and attained the rank of Eagle Scout.

Christopher M. Lefebvre, Esq. practices family, bankruptcy and consumer protection law with his father in Pawtucket, Rhode Island. Chris is a member of the debtor/creditor committee of the Rhode Island Bar Association and is a frequent speaker on consumer matters. He was the 1995 recipient of the Rhode Island Bar Association's Pro Bono Publico Award for his commitment to equal access to justice for the poor. To date, his largest case was the Sears bankruptcy class action suit where 190,000 former debtors received restitution in excess of $175 million. Chris received his B.S. from Boston College and his J.D. from Suffolk University Law School.CASES OF INTEREST:Melfi v. WMC Mortgage Corp., 568 F.3d 309 (1st Cir. 2009) : TILA class action case where mortgage company left spaces on model form blank for date of refinancing and date of actual deadline for rescission. District Court held that these technical deficiencies did not violate TILA and First Circuit affirmed. Petition for Rehearing en banc and/or Panel Rehearing filed 6/25/09. If denied, Plaintiff intends to seek a petition for certiorari to the United States Supreme Court.Bonney v. Washington Mutual Bank, 596 F.Supp.2d 173 (D.Mass. 2009): Borrower alleged that mortgage company's failure to include the transaction date on the notices of rescission violated TILA. Although the magistrate judge agreed that such a notice stated a claim, the District Court disagreed and called omitting such information "merely technical."Tenney v. Deutsche Bank Trust Corp., 2009 WL 415510 (D.Mass. 2009): Borrower signed a "Certificate of Confirmation of Notice of Right to Rescind."at the closing which both "confirmed" that he would not exercise his right to rescind and stated that the three business days for rescission had already elapsed, when they had not. District Court held that the Borrower had stated a TILA claim and case would not be dismissed.Deandrade v. Trans Union LLC, 523 F.3d 61 (1st Cir. 2008): Consumer litigation under the Fair Credit Reporting Act (FCRA) regarding the credit bureaus' alleged failure to reinvestigate and delete a disputed debt from consumer's credit report.Megitt v. Indymac Bank, F.S.B., 547 F.Supp.2d 56 (D.Mass. 2008): TILA class action case regarding blank spaces on model form.Dixon v. Calusa Investments, LLC, 554 F.Supp.2d 139, (D.R.I. 2008): Consumer brought a putative class action against a creditor, claiming that it had violated the Fair Credit Reporting Act (FCRA) in sending out various mailers.In re Chiappone, 2007 WL 4178510 (Bankr.D.Conn. 2007): Successful adversary litigation on behalf of non-debtor wife and her divorce attorney regarding non-dischargeability of certain domestic support obligations and related attorney fees arising from Rhode Island Family Court divorce decree.Dixon v. Shamrock Financial Corp., 482 F.Supp.2d 172 (D.Mass.2007): Consumer sued under the Fair Credit Reporting Act (FCRA) for creditor sending solicitation offering free consultation for purposes of, inter alia, restructuring his debt.Sullivan v. Greenwood Credit Union, 499 F.Supp.2d 83 (D.Mass. 2007): Class action on behalf of creditors who received a "pre-approved" letter for a home loan from credit union, claiming that the credit union unlawfully accessed the credit reports of the recipients.Park v. Ford Motor Co., 928 A.2d 469 (R.I. 2007): Consumer class action against truck manufacturer that failed to provide security system listed on window sticker as a standard feature.In re Wilding, 475 F.3d 428 (1st Cir. 2007): Bankruptcy Court and B.A.P. both held that Debtor could not avoid judicial lien that had already been satisfied, but the First Circuit reversed and held that if the lien existed at the filing of the bankruptcy petition and was not satisfied until afterwards the lien could be avoided.Palmer v. Champion Mortg., 465 F.3d 24, (1st Cir. 2006): TILA litigation where borrower alleged notice of rescission was confusing because dates which were completed had already passed by time borrower received notices in mail.In re Montes, 2006 WL 3898386 (Bankr.D.R.I. 2006): On Debtor's Complaint, Banrkuptcy Court held any obligation for car repairs could not be deemed an extension of the original retail installment contract and was merely an unsecured claim discharged in bankruptcyMorrissey v. Webster Bank, N.A., 417 F.Supp.2d 183 (D.Mass. 2006): Consumer who was not customer of bank brought action against bank, challenging adequacy of fee notices posted on automatic teller machines (ATMs) owned by bank under the Electronic Fund Transfer Act.Belini v. Washington Mut. Bank, FA, 412 F.3d 17 (1st Cir. 2005): As matter of first impression, TILA permits damages claim based on lender's alleged failure to respond properly to borrower's notice of rescission.In re Watson, 403 F.3d 1(1st Cir 2005): Litigated to the First Circuit issue of whether or not cost of private school tuition for Chapter 13 debtors' minor children was "reasonably necessary" expense so as to be included in "disposable income" available to debtors for payments under their chapter 13 plan (no longer relevant under BAPCPA).Hoefs v. CACV of Colorado, LLC, 365 F.Supp.2d 69 (D.Mass. 2005): Consumer brought action against collection agency, law firm, and lawyer alleging violations of Fair Debt Collection Practices Act (FDCPA) and state law - arbitration compelled.In re Ladds,2005 WL 1365078 (Bankr.D.R.I. 2005): Bankruptcy Court denied non-debtor spouse's request for abstention to allow litigation regarding litigation against debtor wife regarding non-dischargeability of certain credit card debt to proceed in Rhode Island Family Court.Rodrigues v. Members Mortgage Co., Inc., 323 F.Supp.2d 202 (D.Mass. 2004): TILA class action against mortgage company and lender alleging violation of disclosure requirements in federal Truth in Lending Act (TILA) and Massachusetts Consumer Credit Cost Disclosure Act (CCCDA).Barrett v. Avco Financial Services Management Co., 292 B.R. 1 (D.Mass. 2003): Class action to recover for creditor's alleged practice of attempting to collect discharged prepetition debts pursuant to "reaffirmation agreements" which did not satisfy statutory requirements.Mann v. Chase Manhattan Mortg. Corp., 316 F.3d 1 (1st Cir. 2003): Chapter 13 debtor-mortgagors sued to recover for mortgagee's alleged violations of automatic stay.Arruda v. Sears, Roebuck & Co., 310 F.3d 13 (1st Cir. 2002): Former Chapter 7 debtors brought putative class action against creditor-retailer, its affiliated entity, and retailer's law firm, alleging that defendants violated the Bankruptcy Code, the Fair Debt Collection Practices Act (FDCPA), and/or state law by entering into post-discharge redemption agreements with plaintiffs without bankruptcy court approval.In re Lamanna, 285 B.R. 347 (Bankr.D.R.I. 2002): Litigation regarding dischargeability of student loan obligations where Bankruptcy Court adopted the "hybrid approach" to student loan dischargeability, whereby the undue hardship analysis is applied to a debtor's educational debt on a loan-by-loan basis.In re Singleton, 284 B.R. 322 (D.R.I. 2002): Bankruptcy Court could only certify debtor class from Rhode Island district regarding creditor's alleged violation of discharge injunction in connection with reaffirmation agreements.In re Larocque, 283 B.R. 640 (Bankr.D.R.I. 2002): Bankruptcy court exercised its discretion to deny enforcement of arbitration clause and retained jurisdiction over TILA dispute.In re Mann, 249 B.R. 831, (BAP 1st Cir. 2000): Bankruptcy Appellate Panel affirmed that consumer debtor could "strip off" wholly undersecured second mortgage on residential real property and treat it as unsecured.Conley v. Sears, Roebuck & Co., 222 B.R. 181 (D.Mass. 1998): At the time, the largest class action case in bankruptcy court history, holding Sears liable for obtaining unauthorized reaffirmation agreements from Debtors and failing to file them with various bankruptcy courts.In re Kheng, 202 B.R. 538 (Bkrtcy.D.R.I. 1996): Debtor allowed to "strip off" portion of nonresidential real estate mortgage that was undersecured and continue to pay agreed to monthly mortgage payments for term of note under chapter 13 plan.

We give you the leverage you need to make sound decisions when disputes rise to the level of litigation. By quickly and aggressively advancing your interests, we efficiently and effectively move cases toward conclusion, whether by pre-trial settlement, alternative dispute resolution, pre-trial judgment, or trial. Every minute and dime you spend on litigation is time and money taken away from what's important to you. Therefore, we actively prosecute your claims and defenses so that you can focus on what's most important to you.

Brad represents primarily small businesses, and so he practices primarily in the areas of law that small businesses need. As a practical matter, Brad helps companies form their businesses, deal with employees, draft and review contracts, and file or defend lawsuits when needed. Brad helps his clients on the “litigation” side of the law as well as on the “business” side. Brad has been rated as “AV” (preeminent) by his peers at Martindale-Hubbell. This is the highest possible rating. Before opening his practice in the East Valley in 1998, Brad practiced for several years at two large firms in downtown Phoenix: Jennings, Strouss & Salmon, PLC and Bryan Cave LLP. Brad graduated magna cum laude with a B.A. in International Relations from Brigham Young University. He received his law degree with academic honors from the University of Chicago. Because his practice has a substantial litigation component, Brad has spent considerable time in court. Brad has represented clients in numerous jury trials in Superior Court, before the Arizona Court of Appeals, Arizona Supreme Court, and Federal District Court. Brad has also appeared with clients before various Justice Courts, administrative tribunals, and in many arbitrations and mediations. Brad also advises his clients on how to structure their businesses, how to maintain corporate and LLC records, how to negotiate and draft contracts, how to get their money if bills go unpaid, how to deal with employees, and how to manage their legal risk—all with an eye toward avoiding litigation if at all possible.

Attorney Keith Wellman has devoted his legal career to providing clients with debt relief assistance. Since 2006, he has helped more than 2,500 people find the relief they need, whether through Chapter 13 or Chapter 7 bankruptcy protection, or non-bankruptcy options such as mortgage modification. Mr. Wellman received a Bachelor of Science degree in Business Administration from the University of Kansas, then earned his Juris Doctor from Southern Methodist University. He is admitted to practice in Kansas State courts, as well as the Federal District of Kansas.

At the law offices of Quinn and associates our motto is knowledge, excellence, and determination. The professionals at The Law Offices of Quinn & Associates, PLLC cater to the needs of our clients providing each client personalized, individualized attention. The Firm prides itself on savvy, tenacious and fearless advocacy. Our clients can count on us to go the distance.

I utilize the depth of my many years of relevant experience to assist people to transition into their new life and thrive during an otherwise trying time. I do this by reasonably resolving matters through settlement and, if necessary for achieving the correct result, litigation. I am highly professional, respectful, sensitive, and discreet to the private and delicate nature of people's lives inherent in these types of legal proceedings. I am successful because I listen to you. I have many referrals built up since my admission in 1992. You can also feel confident and assured knowing that if the time for litigation exists in your life because of an unreasonable adversary, I am up to the task and will help you. Judges respect my honesty and ability to reasonably advocate for my clients. If that time has arrived for you and your situation in life, help yourself move on with your life. Call me today for a free initial consultation and discover why over 12,000 people since 1992 have trusted and turned to me to consult, represent, or otherwise advise and assist them in their legal matters. Very few attorneys can assure their clients that they have "personally" been involved in over 12000 family law and legal matters, but I can. Such experience teaches practicality and wisdom. The Law Office of Aniello D. Cerreto, Esq. puts clients first. Learn the benefit of my vast experience. I often assist clients "less expensively" than many of the other larger, higher overhead and thereby more expensive, law firms. I pay attention to the details and perhaps most importantly, unlike many lawyers, I will both take and return your phone calls. I help people. Let me help you.

Jason focuses his practice on complex civil litigation involving business and real estate matters. In his business litigation practice, Jason has experience representing clients in matters involving the rights and obligations of shareholders, officers and directors, LLC members and managers, business partners, and other business stakeholders, the enforceability of restrictive covenants such as non-compete and confidentiality agreements, the collection of commercial debts, the application of state and federal laws governing consumer protection, unfair competition, trade secrets, copyrights, racketeering activity, and securities fraud, and a wide variety of other contract and business tort disputes. In his real estate litigation practice, Jason has experience representing clients in matters involving construction disputes (including owners, developers, design professionals, contractors and suppliers), commercial and residential landlord-tenant disputes, commercial and residential foreclosures, the enforceability of purchase-sale agreements, broker/agent entitlement to commissions, broker/agent duties and disclosure obligations, compliance with architectural / structural requirements under the Americans with Disabilities Act (ADA), condominium and homeowners association governance, equitable lien rights, title disputes, mortgage fraud, insurance claims and a range of other real estate related contract and tort issues. Jason also has experience representing clients in other civil litigation areas such as labor and employment disputes (including discrimination, wrongful termination and wage/hour claims), trust and estate disputes (including the duties of a trustee and matters of fraud or undue influence), and professional liability disputes (including malpractice and breach of fiduciary duty claims involving lawyers, accountants, real estate brokers/agents, insurance brokers/agents, design professionals such as architects and engineers, and healthcare providers such as hospitals and physicians). Jason is a Certified Fraud Examiner (CFE). The CFE credential is conferred by the Association of Certified Fraud Examiners (ACFE), the world’s largest anti-fraud organization and provider of anti-fraud training and education. The mission of the ACFE is to reduce the incidence of fraud and white-collar crime and to assist ACFE membership in fraud detection and deterrence. Jason was born in Abington, Pennsylvania in 1982. He received a merit-based Founders Scholarship to attend Tulane University and graduated cum laude in 2004 with a Bachelor of Science in both Business Management and Legal Studies in Business. Jason then earned his Juris Doctor from the University of Miami School of Law, graduating cum laude in 2007. During law school, Jason was selected to become a member of the Charles C. Papy, Jr. Moot Court Board and later served as a Moot Court Board Vice President administering the 2006 Negotiation Competition. In addition, he won the Fall 2005 Advanced Moot Court Competition and was a finalist in a 2006 American Bar Association Regional Negotiation Competition. Jason is involved in a variety of local organizations including as a Board Member of the B’nai B’rith Justice Unit # 5207, a member of the Broward County Bar Association, and a member of the Tulane Alumni Club of South Florida.

R. Lasko Co. LPA is a transaction-oriented firm, focused on all varieties of Corporate/LLC work, including merger and acquisitions, all of the related corporate work, for the closely held company.

Providing debt relief for individual and business clients in the New York City area for more than three decades Gregory Messer, a principal in The Law Offices of Gregory M. Messer, has been practicing bankruptcy law for over 38 years. He represents business and consumer debtors and creditors in Chapter 7, Chapter 11 and Chapter 13 bankruptcy matters. Mr. Messer has the legal acumen needed to handle even the most complex bankruptcy matters for consumers and companies. He frequently receives referrals from other attorneys and past clients who speak highly of his professional abilities. Board Certified in Consumer Bankruptcy Law by the American Board of Certification since 1995, Mr. Messer has been a panel trustee for the Chapter 7 Trustee Panel for the Eastern and Southern districts of New York for 38 years. He has served as a Chapter 11 Trustee, Post Confirmation Trustee and Plan Administrator in various bankruptcy cases. Mr. Messer also served as a Mediator in the United States Bankruptcy Court for the Eastern District of New York.