About Me
“ Craig D. Robins, Esq., has been a practicing Long Island bankruptcy attorney for over twenty-four years ”
In The News
(left to right) Jaspreet S. Mayal, Emily Harper, Matthew R. Amon, Glorisbel Roman. Andrew Thaler, Robert L. Pryor, Bernard S. Mark, Judge Dorothy T. Eisenberg, and Craig D. Robins
Written by Craig D. Robins, Esq.
On Monday night this week, I participated in a group that presented an educational bankruptcy program for the Theodore Roosevelt Chapter of the American Inns of Court.
The presentation, which discussed various issues of bankruptcy law, was held at the Nassau County Bar Association, and was attended by about 70 judges, attorneys and law students.
The program took the format of a role-playing demonstration and subsequent discussion. It centered around a detailed fact pattern about an individual who owned a small company that has financial difficulties and needs Chapter 11 bankruptcy relief. The individual also had his own financial consumer problems complicated by the possibility of divorce, not to mention some serious tax problems as well. These are all issues that commonly arise in bankruptcy matters.
Our hard-working group was led by Long Island Bankruptcy Court Judge Dorothy T. Eisenberg, who hosted several meetings in her chambers at the Courthouse in Central Islip over the past several months.
I naturally played the role of the consumer bankruptcy attorney. Chapter 7 trustee Andrew M. Thaler played the role of my lawfirm partner who specializes in matrimonial bankruptcy issues. Chapter 7 trustee Robert L. Pryor played the role of the Chapter 11 business attorney. Tax attorney Bernard S. Mark played the role of the seasoned bankruptcy tax attorney. Commercial litigator Jaspreet S. Mayal played the role of the creditor’s attorney.
We were very fortunate to have three very hard-working Hofstra Law School students participate in the project. Matthew R. Amon played the role of the businessman who suffered from corporate and consumer financial problems. Emily Harper played his nagging soon-to-be-divorced wife. Glorisbel Roman played the anxious creditor, and also acted as narrator.
All of the students did outstanding jobs preparing for the presentation, conducting research, writing reports, and acting in the program.
About the Inns of Court
The Theodore Roosevelt Inn of Court is a chapter of the American Inns of Court, which is dedicated to the enhancement of civility, ethics and legal excellence in the practice of law. I’ve been a member of this group since 1991.
To foster these concepts, the chapter emphasizes hands-on participation in the preparation and presentation of programs which address every-day experiences which lawyers face in their practices. Members include a number of federal and state judges, from seasoned trial lawyers to inexperienced litigators, attorneys from both public and private sectors, and law students from Touro, Hofstra and St. John’s Law Schools.
The Chapter holds monthly dinner programs which are usually held at the Nassau County Bar Association and follow an agenda that typically begins with a buffet dinner. At the dinner, not only do the members interact socially but the more experienced attorneys and judges mentor younger lawyers and law students. Dinner is followed by the monthly program and is often concluded by a lively discussion where members pose questions and discuss their diverse views and perspectives. The Theodore Roosevelt Inn of Court has received authorization to grant its members C.L.E. credit for attending the programs.
Written by Craig D. Robins, Esq.
Bankruptcy filings are up across the country and Long Island is no exception. Newsday ran a story about this on Thursday, January 21, 2010 and quoted me. The article was written by Newsday reporter Emi Endo.
Here’s the article:
Bankruptcy Filings on the Rise
Amid continuing job losses and a housing market slump, more Long Islanders have been heading into bankruptcy proceedings, according to court data.
In November, 806 residents filed for bankruptcy protection, an 11.9 percent increase over November 2008. In all of 2008 more than 7,500 cases were filed in Central Islip. From January through November of last year, there were 9,200.
Woodbury bankruptcy attorney Craig Robins said his firm has seen an increase in the number of formerly well-paid professionals who were either laid off or took major pay cuts. “What we’re seeing now is many executives and individuals who were earning well into the six figures needing bankruptcy relief,” he said.
Also growing, Robins said, was the number of “homeowners whose homes are underwater” and who owe more on their mortgages than the properties are worth, a difference sometimes as much as $100,000.
Newsday periodically tracks economic indicators in this Long Island Economic Snapshot.
Among other economic indicators, home sales did go up in November - but so, too, did initial foreclosure filings. The number of homes sold in November was up 49.3 percent over the same month a year ago, as reported by the Multiple Listing Service of Long Island.
Bankruptcy Song: “Debt-Free Girl”
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Written by Craig D. Robins, Esq.Yours Truly Enters the National Bankruptcy Song Contest
Well the deadline for the Bankruptcy Bill Bankruptcy Song Contest has arrived and nine songs are competing for awards and recognition — including my song, “Debt-Free Girl,” and two other surprises.
The first surprise is that my wife, Arlene, submitted a song. Since she is especially witty (she writes song parodies for my birthday almost every year, and also for lots of her friends), I challenged her to submit something. So she surprised me by submitting “Bankruptcy Wife’s Lament” which is about a bankruptcy attorney who neglects his wife and son because he is so busy. That apparently is me.
The second surprise is that our very own Central Islip Bankruptcy Court Judge, Alan S. Trust, also submitted an entry, “Debts in Wrong Places.” Hailing from Texas for the past 24 years, it was no wonder that Judge Trust submitted a country music song based on Garth Brook’s “Friends in Low Places.” His song pokes fun at the ridiculous aspects of the bankruptcy means test.
There are other songs from other bankruptcy attorneys and a bankruptcy judge in California, Sheri Bluebond.
My song, “Debt-Free Girl” is based on Billy Joel’s “Uptown Girl” and is about a girl who becomes debt-free through bankruptcy, thanks to her bankruptcy man.
A Shameless Request for Votes - Please Vote for My Bankruptcy Song
The winner of the bankruptcy song is the one with the most votes. To vote, you must send an e-mail to Bill@BankruptcyBill.us. You can include your choice for first, second and third place.
“DEBT-FREE GIRL”
(To the tune of Billy Joel’s “Uptown Girl“)
Oh wo oh oh oh oh oh oh. . . . .
Debt-free girl
She’s now living in a whole new world
No more bills or late-night collection calls
It is because – she finally got the balls
To become – a real debt-free girl
No more living in a creditor world
As long as anyone with bad debts can
Make an appointment with the bankruptcy man
That’s what I am
And when she learns that
She won’t have to pay
And then she can wake up
Stress free – there’s a stay
She’ll see it’s not so tough
Just because
I’ve made her into a debt-free girl
Filed her petition; no more creditor world
She got tired of the collection calls
Perhaps she overspent at stores and malls
She’s got a choice
Oh wo oh oh oh oh oh oh. . . . .
Debt-free girl
She filed a seven; now it’s her turn
She kept her assets – they were all exempt
Trustee overlooked the money she spent
It’s what she dreamt
She passed the means test
It’s really no big deal
Her lawyer knew best
Assisted with credit counseling
It’s really not so tough
To discharge
Lots of bills
Of a debt-filled girl
She’s been living in a bill-collecting world
As long as anyone with big debt can
And now she’s looking for a bankruptcy man
That’s what I am
[Oh wo oh oh oh oh oh oh. . . . .]
Debt-free girl
She’s my debt-free girl
You know I love to see
A real debt-free girl
My debt-free girl
Did you know I love to see
A real debt-free girl
My debt-free girl
Did you know I love to see
A real debt-free girl
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Long Island Bankruptcy Attorney Craig Robins Quoted In Newsday Article About Canceled Mortgage
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Written by Craig D. Robins, Esq.One of the biggest stories in years about foreclosure defense litigation on Long Island was the subject of my post on Tuesday: Judge Cancels Mortgage Due to Mortgagee’s Shocking Behavior in Long Island Foreclosure Action .
The next day, Newsday reporter Alfonso A. Castillo interviewed me about the story and wrote a great article that appeared in Sunday’s Newsday, containing several quotes from me.
Here is the Newsday article, taken from the Sunday November 29, 2009 edition:
Foreclosure Ruling Sends Message to Lenders
A Suffolk judge’s decision to wipe out the mortgage debt of a foreclosed-upon East Patchogue couple may send a message to predatory subprime lenders that unless they work to save their customers’ homes, they stand to lose everything, some real estate attorneys said.
“This case shows the change in the tide as to the sentiment about mortgage foreclosures in general,” said Woodbury bankruptcy attorney Craig Robins, who called Suffolk County Court Judge Jeffrey Spinner’s decision “a good demonstration that courts are not going to tolerate this type of conduct by the mortgage companies anymore.”
“This case shows the change in the tide as to the sentiment about mortgage foreclosures in general,” said Woodbury bankruptcy attorney Craig Robins, who called Suffolk County Court Judge Jeffrey Spinner’s decision “a good demonstration that courts are not going to tolerate this type of conduct by the mortgage companies anymore.”
The judge’s ruling against the lender - IndyMac Mortgage Services, based in Pasadena, Calif . - was without doubt highly unusual. In addition, it was perhaps without precedent. A search of published reports nationally turned up no similar action, and several attorneys said the decision was the first of its kind, at least on Long Island.
But some wondered whether the precedent set is a positive one and others questioned the legal soundness of the ruling.
“It’s encouraging as a citizen, but as a practitioner, I can only think that if the judges have the authority to throw out mortgages, who’s going to be lending money?” Commack real estate attorney Lita Smith-Mines said.
In a statement, OneWest Bank E.S.B., IndyMac’s parent company, has said the bank will appeal. A spokeswoman for OneWest Bank did not return a call last week for comment.
Behind the Ruling
In his Nov. 19 decision, Spinner wrote that IndyMac Mortgage Services exhibited conduct that was “harsh, repugnant, shocking and repulsive” in its proceedings against Diana Yano-Horoski, owner of the Oakland Street home at issue.
Spinner wrote that IndyMac “soundly rebuffed” even the most reasonable of settlement offers, inflated the amount of debt of Yano-Horoski and her husband, Gregory Horoski, and seemed determined to kick them out of their home. In order to deter IndyMac from such “unconscionable” behavior in the future, Spinner erased the Horoskis’ nearly $300,000 debt - in effect turning over the home to the family free and clear.
In the nine-page decision, the judge found IndyMac’s credibility wanting and invoked the court’s “equity jurisdiction,” citing an 1890 Court of Appeals decision and numerous other cases in concluding that the mortgage company’s actions were so egregious that it had no claim, morally or ethically, to “equitable relief” in the matter.
“Thus, where a party acts in a manner that is offensive to good conscience and justice, he will be completely without recourse in a court of equity, regardless of what his legal rights may be,” Spinner wrote.
IndyMac, at its height, was known as a subprime lender that doled out high-cost loans to borrowers with less-than-perfect credit. According to Federal Reserve data, IndyMac approved the fourth-highest number of home mortgage loans out of 440 lenders, with 3,893 in 2007. They were fourth-highest in 2006 as well, with 5,058 mortgages.
Out of more than 500 lenders, IndyMac Bank brought the seventh-highest number of foreclosure actions on Long Island, with 970 between January 2008 and June 2009.
Special Circumstances
Robins said such improper and irresponsible practices were not isolated to IndyMac. But, while Spinner’s decision could create important case law that will likely be cited by homeowners’ attorneys in future foreclosure proceedings, Robins said he did not think it should “open the floodgates” for similar decisions.
“I do see a lot of the irresponsible practices that mortgage lenders commit frequently, but I think what sets this case apart was that there were several irresponsible practices in this one case,” said Robins, adding that Spinner “used this case to send a loud warning to all mortgage companies . . . that they better shape up and get their act together.”
Anthony Sabino, a law professor at St. John’s University who practices bankruptcy law in Mineola , said Spinner’s decision to wipe out a homeowner’s debt to a bank may seem like a victory for the underdog, but it could send a dangerous message.
“If all of a sudden banks couldn’t rely on being paid back their mortgages - you think it’s tough to get a mortgage now?” said Sabino, adding that a multitude of similar decisions could slow down construction and put people out of work and out of their homes.
Spinner’s ruling resembled - but went further than - so-called “cram-down” legislation that passed the House of Representatives in March but was defeated in the Senate. The legislation would have allowed homeowners in foreclosure to ask a bankruptcy judge to reduce their mortgage payment if their lender had not offered better terms.
Sabino said he doubted decisions similar to Spinner’s would follow, because while lenders may routinely engage in “nasty” practices, they would not usually rise to the level of that admonished in the Horoskis’ case.
“The laws of banking and real estate have been around since men and women lived in caves. A bank lends you money, you buy a house, and you have to pay the bank back the money, or it takes the house away. That’s not going to change,” said Sabino, who added that the ruling may not set a precedent at all if OneWest Bank is successful in its planned appeal.
Attorneys said judges usually deal with unscrupulous lenders by dismissing their cases or, in extreme instances, issuing monetary sanctions paid to the court.
However, Hauppauge attorney Arshad Majid, who has represented several homeowners in foreclosure proceedings, said, while they rarely use it, judges have the power in some instances to void mortgages. He was not surprised to hear that Spinner would take the drastic step.
“It’s not only a court of law that he presides over, but it is also a court of equity,” Majid said of Spinner. “The court, in making this decision, wanted to stop a pattern of abuse.”
Written by Craig D. Robins, Esq.Tomorrow I am one of three panelists who will be speaking at the Nassau County Bar Association at a public education seminar.
The program is entitled: “Is Bankruptcy the Solution? What it Can and Cannot Achieve”
At the seminar, we will be providing a “plain English” overview of how bankruptcy can help consumers on Long Island.
My fellow panelists include Long Island Chapter 7 bankruptcy trustee Andrew M. Thaler, Esq. and bankruptcy lawyer Heath S. Berger, Esq.
The program is from 7:00 to 9:00 p.m. at the Nassau County Bar Association, 15th and West Streets, Mineola. The program is free, but advance registration is requested. Please call the Bar Association at 516-747-4070. For directions go to the Nassau County Bar Association Website.
Suffolk County Bankruptcy Attorney
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Written by Craig D. Robins, Esq.New Patchogue Bankruptcy Law Office in Suffolk County
We are pleased to announce that we have recently opened a new office in Patchogue, Long Island to meet with our bankruptcy clients.
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We chose Patchogue because it is conveniently located to many of our Suffolk County clients.
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31 Oak Street, Suite 20
Patchogue, New York 11772
The Patchogue office is in addition to our other Suffolk County bankruptcy law office, which is in Commack.
We continue to have two bankruptcy law offices in Nassau County, Long Island – Woodbury and Valley Stream.
To make an appointment for a free bankruptcy consultation, please call us at (516) 496-0800.
Written by Craig D. Robins, Esq.The publication Consumer Bankruptcy News featured my blog in an article about bankruptcy attorneys who use blogs to provide news, information and commentary to their clients and the public.
Consumer Bankruptcy News is this country’s leading periodical for consumer bankruptcy attorneys. I was quoted several times in the article, which appeared in the July 2, 2009 issue.
The article noted that as more people get their news from the Internet instead of from newspapers, potential clients are more comfortable learning about an attorney’s reputation from the attorney’s website and blog postings.
The article also quoted Brigham Young University political science professor Richard Davis who said, “Blog readers still get most of their news from regular news sources, but they are concerned that they are not getting the whole side of the story there.”
I will certainly endeavor to continue posting as much commentary and “inside information” as possible, in addition to the various other informational postings.
Written by Craig D. Robins, Esq.
Your blog author quoted in Newsday article about problems with loan modification companies
Newsday ran an in-depth cover story in today’s newspaper addressing the problems with the Long Island loan modification industry and highlighting the Federal Trade Commission’s recent nationwide crackdown on “fraud and deception” by mortgage modification companies.
Randi F. Marshall, an investigative staff reporter at Newsday, wrote the extensive article, which will continue in tomorrow’s edition. Ms. Marshall brought attention to the fact some attorneys, like myself, refuse to do loan modification work.
“No matter what’s going on in the economy, you’re going to have these companies come out of the woodwork and take advantage of people in a vulnerable situation,” I was quoted as saying.
The fact is that most lenders are not cooperative in negotiating modifications. Yet, this has not stopped numerous people and companies, essentially those who previously sold sub-prime mortgages, to now scam those homeowners who are desperate for a solution and are susceptible to fraud.
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Newsday commented that many consumers paid exorbitant fees to loan modification companies on Long Island, only to find that the companies disappeared with their funds without doing any work at all.
Craig D. Robins, Esq. was interviewed by Long Island News Tonight for a story about how some Long Islanders are coping with their debt problems by filing for bankruptcy. The segment was broadcast on October 8, 2008. Craig is shown here being interviewed by the television reporter.