Niles C Taylor and Angela J Taylor

1 This included pressing a relief motion on admissions that were known to be untrue,
and signing and filing pleadings without knowledge or inquiry regarding the matters pled therein.
Notwithstanding my admonishment to HSBC’s counsel concerning the questionable good faith of
the relief motion which was denied, HSBC’s performance at the next hearing also evidenced a lack
of good faith. The details are identified on the record of the hearings which are incorporated herein.
2 I learned for the first time that HSBC and other mortgage lenders employ a technology
called “New Trak” by which an attorney posts communications regarding the file he is handling.
Local counsel David Fitzgibbons (“Fitzgibbons”) made such a posting here but had no ability to
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UNITED S TATES B ANKRUPTCY COURT
FOR T HE E ASTERN DISTRICT O F PENNSYLVANIA
In re 	: 	Chapter 13
:
NILES C. TAYLOR and 	: 	Bankruptcy No. 07-15385DWS
ANGELA J. TAYLOR, 	:
:
Debtors. 	:
ORDER
AND NOW, this 9th day of June, the Court having held hearings on May 1, 2008
on the motion for relief from stay filed by HSBC Mortgage Corp. (“HSBC”) and on
May 1, 2008 and June 5, 2008 on the Debtor’s objection (the “Objection”) to HSBC’s proof
of claim;
And during the course of those hearings certain questionable practices engaged
in by attorneys and agents of HSBC were revealed;1
And during those hearings it was apparent that local counsel for HSBC had no
knowledge of the matters he was charged to handle nor any ability to communicate with
anyone who had such knowledge; 2
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discuss any of what transpired in court with either the client or the attorneys who filed the proof
of claim at issue. The posting was apparently noted as an amended proof of claim was filed by
Maria Borresen, Esq. but there was no communication with Fitzgibbons who only learned of the
amendment through PACER. His request for an accounting and explanation regarding the flood
plain insurance was met with silence notwithstanding the one month continuance to secure same.
-2-
And during those hearings Fitzgibbons acknowledged that HSBC was unresponsive
to the Court’s directive to provide Debtor with an accounting and an explanation about
contested flood insurance charges;
It is hereby ORDERED that by June 20, 2008 HSBC shall provide a full accounting
to Debtor by transmitting a loan history in form that Debtor and her counsel can understand
as well as an explanation about the flood insurance charges;
And it is further ORDERED that a continued hearing on the Objection shall be held
on JULY 16, 2008 at 9:30 a.m. in the Robert N.C. Nix, Sr. Federal Courthouse, 2nd floor,
900 Market Street, Courtroom #3, Philadelphia, PA at which the following persons shall
appear in addition to the Debtor and counsel:
1. A representative of HSBC with knowledge of the Debtor’s loan;
2. A representative of HSBC with knowledge of the procedures it uses with respect
to assertion of claims in bankruptcy, if different;
3. Maria Borresen, Esquire, authorized agent for HSBC who filed the proof of claim
and amended proof of claim in case no. 07-15385;
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In re Niles C. and Angela J. Taylor - Bankruptcy No. 07-15385DWS
3 Fitzgibbons identified the Moss Codilis firm as the source of the Udren firm’s referral.
4 While Fitzgibbons appeared in Court, the motion for relief, the admissions and the reply
to the Objection were prepared over Doyle’s name and signature.
5 The purpose of the hearing is twofold: (1) to address the Objection to HSBC’s claim and
(2) to investigate the practices employed in this case by HSBC and its attorneys and agents and
consider whether sanctions should issue against HSBC, its attorneys and agents. The parties are
encouraged to resolve the Objection prior to the hearing. However, the hearing will be held for the
second purpose notwithstanding any settlement of the claim objection.
-3-
4. The partner in charge of HSBC’s bankruptcy work at the Moss Codilis LLP law
firm, Englewood, Colorado 3 and the attorney who performs the work, if different;
5. The partner in charge of HSBC’s bankruptcy work at the Udren Law Office, local
counsel to HSBC.
6. Lorraine Gazzara Doyle, Esquire of the Udren Law Office. 4
7. David Fitzgibbons, Esquire of the Udren Law Office;
And it is further ORDERED that the foregoing listed persons shall forthwith secure a
copy of the transcript of the May 1 and June 5 hearings by contacting Margaret Gallagher
(215-408-2800 X2256) and review same by the date of the next hearing to be prepared to
provide testimony regarding the problems identified therein.5
The United States trustee is invited to appear.
DIANE WEISS SIGMUND
U.S. Bankruptcy Judge
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cc: Chief Judge Stephen Raslavich
Judge Bruce Fox
Judge Eric L. Frank
Judge Richard E. Fehling
Judge Jean K. FitzSimon
Mailed copies to:
Niles C. Taylor
Angela J. Taylor
218 Loomis Avenue
Coatesville, PA 19320
Joye McDonald-Hamer, Esquire
31 South High Street
West Chester, PA 19382
HSBC Mortgage Corp. (USA)
Attn: Bankruptcy Department
2929 Walden Avenue
Depew, NY 14043
Maria Borresen, Esquire
2525 15 th Street, #1B
Denver, CO 80211
Moss Codilis LLP
6560 Greenwood Plaza Boulevard
Suite 550
Two Greenwood Plaza
Englewood, CO 80111-4980
Moss Codilis Stawiarski Morris Schneider & Prior
9200 East Mineral Avenue
Suite 329
Englewood, CO 80111
George Conway, Esquire
Office of the U.S. Trustee
833 Chestnut Street
Suite 500
Philadelphia, PA 19107
William C. Miller, Esquire
Standing Chapter 13 Trustee
P. O. Box 40119
Philadelphia, PA 19106-0119
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