CLIENTS AND CASES

Eliminated Significant Debt and obtained Release of Personal Guarantee for Taxi Medallion Owner
The Law Office of Charles A. Higgs represented a Taxicab Company in the first case filed in the Southern District of New York under the recently enacted Subchapter V of Chapter 11 of the Bankruptcy Code, the case was also one of the first Subchapter V Bankruptcy Cases filed in the United States. Through litigation and negotiation, we were able to obtain a settlement that eliminated approximately $380,000 of debt and resulted in a release of the personal guarantee signed by the corporate officer.

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Obtained Settlement Resulting in $890,000 Mortgage being reduced to $450,000
The Law Office of Charles A. Higgs represented homeowners in mortgage litigation, which resulted in a settlement in which the Mortgage Company agreed to eliminate approximately $440,000 from the Mortgage, resulting in the Mortgage balance being reduced from approximately $890,000 to $450,000.

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Obtained a Ruling allowing our Client to proceed with a Negligence Claim against the Mortgage Company

The Law Office of Charles A. Higgs obtained a favorable decision denying the Defendant's motion to dismiss our Client's negligence claim against a Mortgage Company.  A Federal Judge in the Eastern District of New York, issued a written decision in which the Court ruled that our Client could proceed with her negligence claim agains the Mortgage Company under a theory of assumption of duty of care. This case is one of the few decisions allowing a borrower to proceed against a Mortgage Company for Negligence as case law in New York and the 2nd Circuit holds that Mortgage Companies and Mortgage Servicers do not owe mortgage borrowers/home owners a duty of care, which in turn ordinarily precludes  mortgage borrowers/home owners from asserting a cause of action for Negligence against Mortgage companies. We hope that the decision achieved in this case opens the door as a way for  more borrowers to establish negligence claims against Mortgage Companies.

Other Cases/Representations:

Represented a website owner focused on Cryptocurrency in bankruptcy litigation, which ultimately resulted in a favorable settlement being reached.

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Represented a Antique Resale Company in a successful reorganization under Subchapter V of Chapter 11 of the Bankruptcy Code.

Represented Homeowners in obtaining dismissal of Foreclosure Case for Lack of Personal Jurisdiction and failure to comply with CPLR 1304.

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