The Bankruptcy Litigation Model is taught by Mr. Max Gardner, a North Carolina Bankruptcy Lawyer who has filed a slew of adversary proceedings against the major loan servicers over the past 20 years. He has developed a litigation model that goes beyond the “produce the note” foreclosure defense strategy (that has been shot down in civil courts that refuse to grant injunctions on this ground), yet he uses the same concept (i.e. that the lenders cannot prove they own your loan in the loan pool) to challenge a loan servicer’s standing in a bankruptcy court, and to make them prove they are the real party in interest in a bankruptcy proceeding.
Other things that may be litigated in a Bankruptcy Court:
(1) You can rescind your loan under Federal Truth in Lending law by filing a TILA rescission lawsuit
(2) You can enforce violations of the Fair Debt Collection Practices Act in an adversary proceeding
(3) You can challenge the motion to lift the automatic stay in bankruptcy
(4) You can challenge various proof of claims in bankruptcy court
(5) You can enforce violations of the automatic stay
(6) You can enforce discharge violations
(7) You can challenge bogus loan servicer fees and charges
(8) You can challenge the extent and validity of a lien in an adversary proceeding (lien strip)
(9) You can seek injunctions against foreclosure in an adversary proceeding
(10) You can file for other legal violations such as Unfair Competition / FCRA and other laws.
So, if you are facing foreclosure, collection calls, legal violations or creditor abuses, there may be grounds to litigate in a bankruptcy court in the normal course of your bankruptcy. In fact, you may even have your creditor writing you checks to own up for their legal violations. Yes, contrary to what they say, they are frequent violators of various laws.
