Drawing on the experience of representing Creditors in preparing documentation and taking action in civil courts and in bankruptcy, the firm is able to provide additional services, in particular:
Expert Witness Thomas E. Reilly has been called upon to prepare Opinion evidence to be presented in Court through his testimony as an expert in areas of his concentration. These include the reasonableness of action taken to enforce a debt; the reasonableness of the attorney's fees incurred in the enforcement of the debt; the quantum meruit value of the attorney's services rendered in enforcing a debt. This is significant because creditors' documents entitle them to recover "reasonable attorneys fees". Because the attorneys' fees actually incurred cannot be determined until the conclusion of the suit, the amount of those fees and their reasonableness must be determined by the Court. Thomas E. Reilly can provide expert testimony to support a creditor's claim for attorneys fees.
Sheriff Sales Advising purchasers who are interested in purchasing property at Sheriff Sales. A Sheriff Sale of real property arising from a tax debt, defaulted mortgage or judgment execution, may provide an opportunity to an investor or third party to purchase property at a reasonable price at an auction conducted by the Sheriff. However, these auctions are conducted as caveat emptor meaning “let the buyer beware”. While each Sale is advertised in the newspaper showing the amount of money that the creditor would seek to collect, the advertisement does not fully describe the lien circumstances on the property and the position that the lien upon which the Sheriff Sale brought occupies relative to other liens on the property. Under Pennsylvania Law, only certain liens are divested by certain Sheriff Sales while others completely divest all liens. Knowing the manner in which liens are divested and whether the process followed by the executing creditor was properly followed is essential in order for the purchaser at the Sale to take good and marketable title.
Federal Tax Liens Often property owned by a debtor or a third party is encumbered by a federal tax lien. Federal tax liens encumber both real and personal property, at least in the District where they are lodged with the Clerk of Court. The ability to freely transfer the properties is encumbered by the federal tax lien, but there are methods by which a federal tax lien can be discharged to allow a voluntary sale of the property. Furthermore, in the event of a Sheriff Sale, proper notice must be given to the United States of America in order to divest the federal tax lien from the property by the Sale or where foreclosures are involved by joining the United States of America as a defendant.