Jonathan Hoffmann and Greg Cook Authored an Article for Law360 Expert Analysis Regarding Landmark Bankruptcy Decision
Jonathan Hoffmann, attorney in the firm’s Birmingham office and member of the Creditors Rights & Bankruptcy Practice, and Greg Cook, partner in the firm’s Birmingham office and chair of the Mortgage Servicing/Financial Services Litigation Practice, authored an article for Law360’s Expert Analysis section discussing a recent decision in a Vermont court that has the potential to set a precedent for bankruptcy litigation. The Chapter 13 case decision awarded $375,000 in sanctions against a mortgage servicer for failing to properly follow bankruptcy procedures regarding filing proofs of claim. Proofs of claim have become one of the top battlegrounds in bankruptcy law, and this case could set a new precedent for notice provisions resulting in an uptick in litigation for mortgage servicers. The attorneys discussed the importance of the case, as well as opportunities for mortgage servicers to prepare in advance of any incoming litigation.