(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.
Mr. Timothy B. Prakope, Esq.
Mr. Prakope joined our firm in August 2015 and focuses on personal injury matters. He was trained as a trial attorney and is an aggressive advocate for persons who are injured as a result of someone else’s negligence whether through medical malpractice, work-place injury, motor vehicle accidents, or slip and fall accidents. While studying in law school, Mr. Prakope was a full time law clerk at the insurance defense firm Ahmuty, Demers & McManus and became an associate attorney after his graduation from law school. While at Ahmuty, Demers & McManus, from 2007 to 2012, Mr. Prakope practiced in the area of professional malpractice and general liability defense. His clients consisted of dentists, nurses, mid-wives, radiologists, lawyers, nursing homes, rehabilitation centers, architects, engineers, construction companies, municipalities, and corporations. He was involved in all aspects of litigation from investigation to trial.
In 2012, Mr. Prakope became an associate at the Law Firm of Jeffrey A. Manheimer, P.C., where he began advocating for the rights of victims of other people’s negligence. Again, Mr. Prakope was involved in all aspects of litigation including investigating an accident, drafting pleadings, discovery, motions, conducting examinations before trial, mediation briefs, preparing for and conducting arbitration hearings, settlement conferences, and preparing for and conducting trials. Mr. Prakope is a tough advocate and has earned the respect of his peers and adversaries alike.
Mr. Prakope received his Bachelors of Arts degree from the University of Michigan in 2003 and his Juris Doctorate from Touro Law School in 2008. He is admitted to practice in the State of New York. He is an active member in the New York State Bar Association, the American Association of Justice and the New York State Trial Lawyers.
Mr. Prakope is a devoted husband, father and attorney. On his free time, he loves to swim, surf, and fish in his hometown of Rockaway Beach. After a long day at the shore, he enjoys his second favorite pastime, barbequing and grilling with his family.
Mr. Prakope can be reached at 516-858-2620.
Tagging Someone on Facebook Violates Existing Order of Protection
At least according to Acting Westchester County Supreme Court Justice Susan Capeci.
People v. Gonzalez, 6081M/15.
Gonzalez allegedly tagged her victim in Facebook posts. She allegedly wrote “Stupid” and “You and your family are sad … You guys have to come stronger than that!! I’m way over you guys but I guess not in ya agenda.” The victim said she received a notification from Facebook that she had been tagged in statements made by the defendant.
Gonzalez argued that the protection order did not specifically ban her from making contact with the victim via Facebook and moved to dismiss her second-degree criminal contempt charge. Justice Capeci found that the order prohibited Gonzalez from contacting the victim by “electronic or any other means” and denied her motion to dismiss the charges. She cited a 2014 decision by the NY Court of Appeals, People v. Horton, 24 NY3d 985, in which the court found that Facebook messages are essentially email. Justice Capeci went on to state that “[t]he allegations that she contacted the victim by tagging her in a Facebook posting which the victim was notified of is thus sufficient for pleading purposes to establish a violation of the order of protection.”
New York Penal Law § 215.50 – Criminal Contempt in the Second Degree. Second Degree Criminal Contempt is a class “A” misdemeanor.
Doctor’s malpratice leads to patient’s death and a 2 million dollar jury verdict
Olmedo Rosas, as Administrator of the Estate of Roberto Rosas v. Phillip Edwin Stieg, MD, Obiora Olisaeloka Anyoku, M.D., St. John’s Episcopal Hospital-South Shore and New York Presbyterian Hospital New York Hospital Division, No. 32185/09
This case dates back to 2005 and was heard in Queens Supreme Court. Mr. Rosas went to St. John’s Episcopal Hospital, in Far Rockaway, Queens, complaining of a severe headache. It was determined that he was suffering from a cerebral hemorrhage. An internist was assigned to treat Mr. Rosas. Several hours later, Mr. Rosas’ condition was found to have deteriorated and he experienced cardiopulmonary arrest. He was resuscitated, but a second arrest occurred and the Mr. Rosas expired.
The estate argued that Mr. Rosas’ hemorrhage required a neurologist’s intervention and that he should have been transferred to a facility that could have provided such treatment. The estate had experts testify that the attending physician failed to accurately and completely document Mr. Rosas’ care, failed to timely intubate, failed to properly monitor the respirations of Mr. Rosas and failed to timely administer three drugs that could have stabilized Mr. Rosas.
Defense counsel contended that Mr. Rosas’ death was an unpreventable result of a second cerebral hemorrhage and that the attending physician timely ordered Mr. Rosas’ transfer to New York-Presbyterian Hospital, but the hospital did not dispatch an ambulance. There was no documentation of the calls and the defense’s emergency-medicine expert testified that accepted medical standards did not require such documentation.
Mr. Rosas’ estate sought $2.6 million for the wrongful-death and pain and suffering of Mr. Rosas. The jury found that the attending doctor departed from an accepted standard of care which caused Mr. Rosas’ death. The jury awarded the estate $2 million.
If you are in a similar situation and need legal assistance, do not hesitate to call the Law Firm of Vaughn, Weber & Prakope, PLLC at (516) 858-2620.
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