Any consumer lawyer with any type of claim or issue involving mortgage servicing by Ditech or any Ditech Entities must learn the new signs along the Chapter 11 highway. This webinar is geared to attorneys of all levels who file bankruptcy and mortgage servicing cases.
What You Will Learn
• When and where Ditech filed Chapter 11, and what entities were included in filing
• How to address automatic stay and claims against Ditech
• What is allowed and not allowed regarding partial relief from stay
• Who must file proof of claim, where these claims should be filed, and the bar date for filing
• Whether you can object to Proof of Claim by Ditech in your bankruptcy case
• Whether Ditech can foreclose post-filing of the Chapter 11 and file a Motion for Relief from stay post filing
• Whether you can send requests for information (RFIs) and notices of error (NOEs) NOEs to Ditech under RESPA and Reg X, file counter-claims, complaints, or adversary proceedings re Ditech, and claim right of set-off or recoupment in client’s Proof of Claim
Theodore O. Bartholow, III (“Thad”) is a member of Kellett & Bartholow PLLC in Dallas, Texas. Thad's law practice is focused on consumer bankruptcy, with a concentration on consumer litigation in bankruptcy, including especially individual and class cases against creditors, debt collectors, and mortgage servicers. He currently serves as a state chair of Texas for NACBA, is a member of the American Bankruptcy Institute, and is also a member of the National Association of Consumer Attorneys. Thad received his undergraduate degree from the University of Texas in 1998 and his J.D. in 2002 from the Benjamin N. Cardozo School of Law in New York. He is licensed to practice in the state courts of Texas and New York and in the Federal District and Bankruptcy Courts for the Northern, Eastern, and Southern Districts of Texas.
Attorney Oliver Max Gardner III is recognized as one of the leading lawyers in America in the area of predatory mortgage servicing and as the “dean” of mortgage servicing issues in consumer bankruptcy cases. Max received his undergraduate degree from the University of North Carolina at Chapel Hill in 1969 and graduated with high honors from the UNC School of Law in 1974. Following graduation, he served as the senior law clerk to the Hon. William H. Bobbitt, the late Chief Justice of the North Carolina Supreme Court, and as senior law clerk to the Hon. William Copeland, an Associate Justice of that Court. He has been recognized twice by the National Association of Consumer Bankruptcy Attorneys for special national awards. He is also the founder of his renowned Max Gardner’s Bankruptcy Boot Camp.
Tara Twomey is currently of counsel to the National Consumer Law Center (NCLC) and the project director for the National Consumer Bankruptcy Rights Center. She has previously been a lecturer in law at Stanford, Harvard, and Boston College Law Schools. Tara is a former clinical instructor at the Hale and Dorr Legal Services Center of Harvard Law School where her practice focused, in part, on sustainable homeownership for low- and moderate-income homeowners. She is a contributing author of several books published by NCLC, including Foreclosures and Mortgage Servicing and Bankruptcy Basics.