Awards and Recoveries Summary

Representation of our clients does not stop after the bankruptcy is over. The Colpitts Law Firm aggressively pursues creditors for violation of the automatic stay and discharge injunction. Below are some of the awards and recoveries that The Colpitts Law Firm has obtained for our clients. If you have completed your bankruptcy and believe that a creditor is not playing by the rules, contact The Colpitts Law Firm. If you have completed a Chapter 13 bankruptcy to cure a mortgage arrearage and the mortgage servicer has failed to show you current as though no default occurred and alleged that you owe fees or charges that were not paid during your bankruptcy, you need to contact The Colpitts Law Firm.

Date

Cash Recovered

Non-Cash Benefit

Explanation

October 17, 2016$25,336.52

Daniel Peyrano v. Joe Sotelo - Judgment for violation of the discharge injunction.  Following receipt of a discharge, a creditor attempted to collect a debt.  The Bankruptcy Court granted judgment against the defendant for $25,336.52.

January 8, 2016

$20,000.00

$78,017.04

Following the successful completion of a Chapter 13 bankruptcy to save their home from foreclosure, the mortgage servicer failed and then refused to show the borrowers current on the mortgage loan account as though default had ever occurred. The actions of the mortgage servicer constituted violation of the Discharge Injunction. The parties agreed to confidential settlement and release of all claims; the mortgage servicer paid $20,000.00; and the mortgage servicer modified the borrower's loan lowering the interest rate thereby saving the borrower $78,017.04 in interest over the term of the loan

October 23, 2015

June 17, 2015

$29,000.00

$42,500.00

$24,474.06

Following the successful completion of a Chapter 13 bankruptcy, the Defendant violated the Discharge Injunction by incorrectly alleging that the Plaintiff was delinquent in mortgage payments. The Defendant's actions were also in contempt of court for its failure to comply with a Bankruptcy Court order determining that the Plaintiff was in fact current on the mortgage loan following the completion of the Chapter 13 bankruptcy. The parties agreed to a confidential settlement and release of all claims; the mortgage servicers paid $29,000.00 and $42,500.00 for a total of 71,500.00; and the mortgage servicer modified the borrower's loan lowering the interest rate thereby saving the borrower $24,474.06 over the remaining term of the loan.

August 12, 2015

$25,000.00

Following the successful completion of a Chapter 13 bankruptcy to save their home from foreclosure, the mortgage servicer failed and then refused to show the borrowers current on the mortgage loan account as though default had never occurred. The actions of the mortgage servicer constituted violation of the Discharge Injunction. The parties agreed to confidential settlement and release of all claims.

June 15, 2015

$25,000.00

Roy N. Thomason and Brandi J. Thomason v. Auto Showcase of Tulsa, Inc. and Matthew Noe

While the Plaintiffs were in a Chapter 13 bankruptcy, the Defendants violated the automatic stay by repossessing the Plaintiffs' vehicle and refused to return the vehicle. The Defendants settled on the day of trial.

March 31, 2014

$50,010.00

Stephen D. McCullough and Dawn R. McCullough v. OCWEN Loan Servicing, LLC

Following the completion of a Chapter 7 bankruptcy, receipt of a discharge, and surrender of their residence, OCWEN began violating the Discharge Injunction by attempting to collect the discharged mortgage loan deficiency and submitting inaccurate reports to the credit bureaus. Prior to trial, OCWEN stipulated to judgment in the amount of $50,010.00.

July 22, 2013

$15,000.00

Following the completion of a Chapter 7 bankruptcy, the defendant violated the Discharge Injunction by obtaining a judgment on a discharged debt. The parties agreed to a confidential settlement and release of all claims.

February 27, 2012

$20,000.00

Following the successful completion of a Chapter 13 bankruptcy, the Defendant violated the Discharge Injunction by failing to accept mortgage payments and incorrectly alleging that the Plaintiff was over $4,000.00 delinquent in mortgage payments. The Defendant's actions were also in contempt of court for its failure to comply with a Bankruptcy Court order determining that the Plaintiff was in fact current on the mortgage loan following the completion of the Chapter 13 bankruptcy. The parties agreed to a confidential settlement and release of all claims.

February 6, 2012

$25,000.00

Following the successful completion of a Chapter 13 bankruptcy, the Defendant violated the Discharge Injunction by failing to show the Plaintiff current on the mortgage loan, failing to accept mortgage payments, and beginning foreclosure on the Plaintiff's residence. The parties agreed to a confidential settlement and release of all claims.

October 26, 2011

$20,407.36

Judgment in John Herbert Johnson v. Saxon Mortgage Services, Inc.. Case No.: 11-08017

October 7, 2011

$5,100.00

Recovery for violation of the discharge injunction.

November 3, 2010

$30,000.00

Following the successful completion of a Chapter 13 bankruptcy, the Defendant violated the Discharge Injunction by failing to show the Plaintiffs current on the mortgage loan. The parties agreed to a confidential settlement and release of all claims.