Joshua L. Scheer Attorney

First Admitted: 2006, California

Professional Webpage: https://www.scheerlawgroup.com/attorneys/joshua-l-scheer/

Bar/Professional Activity:

Real Property Section of the Marin County Bar Association, Past Chair, 2010-2014
Marin County Bar Association, Real Property Section, Co-Chair, 2013
Marin County Bar Association Real Property: Luncheon Seminar, Year End Review, Panel Speaker, 2014

Verdicts/Settlements (Case Results):

Mr. Scheer's firm represented a credit union in its appeal of the bankruptcy court's review and denial of a timely filed reaffirmation agreement that was already approved by the Debtors and their attorney prior to its denial by the bankruptcy court judge. The Bankruptcy Appellate Panel ("BAP") in Bay Fed. Credit Union v. Ong (In re Ong), 2011 Bankr. LEXIS 3223 (B.A.P. 9th Cir. June 29, 2011), ruling in favor of the credit union, held that a bankruptcy judge does not have the authority to set a hearing for a debtor's reaffirmation agreement relating to personal property where the agreement has already been approved by the debtor and his/her attorney and the lender is a credit union. The court reasoned that credit unions enjoy a special presumption as a result of the changes to the bankruptcy code under BAPCPA and the court's denial of the agreement was overturned. http://www.scheerlawgroup.com/2011/slg-obtains-significant-appellate-decision-on-rights-of-bankruptcy-judges-to-review-reaffirmation-agreements/, Reaffirmation Agreement Significant Appellate Decision, 2011
Joshua Scheer and Spencer Scheer prevailed for a lender client in a Chapter 11 Confirmation Trial in bankruptcy proceedings, in the case of In re Sroa, 2011 Bankr. LEXIS 4552 (Bankr. N.D. Cal. Nov. 16, 2011)
Gauthier v. Doonan, Graves & Longoria LLC, 690 F. App'x 964 (9th Cir. 2017)., 2017

Representative Clients:

Umpqua Bank, Novato, CA
Technology Credit Union, San Jose, CA
Patelco Credit Union, San Francisco, CA
Orange Coast Title Company, Anaheim, CA
Gregory Funding, Portland, OR
Fidelity National Title Company, Napa, CA
Fannie Mae, Dallas, TX
Entra Default Solutions, Concord, CA
BSI Financial Services, Irving, TX
Bank of Marin, Novato, CA

Pro bono/Community Service:

Habitat for Humanity - Assist in hospitality (greeting and sign-in), 2018

Honors/Awards:

Graduated Suffolk Law School with a Concentration in International Law with Distinction, Academic Achievement, Suffolk Law School, Boston, MA, 2005

Educational Background:

Graduated at the University of California Santa Barbara (UCSB) with a degree in Political Science, International Relations Emphasis, 2001

Scholarly Lectures/Writings:

Provided regulatory compliance update to Credit Union CEOs and compliance officers regarding “Bankruptcy and Mortgage Servicing” describing the impact of new bankruptcy cases and legislation from 2017/2018 and how it effects Credit Unions., Speaker, National Association of Federally-Insured Credit Unions Reg. Compliance Seminar, San Antonio, TX, NAFCU, Credit Union, Lender, Finance, Regulatory, 2018
Presented a video webinar at NAFCU headquarters in Virginia for nationwide distribution, entitled “Lender Pitfalls in Bankruptcy Practice”, describing the impact of recent, noteworthy bankruptcy cases and national rule changes on Credit Unions., Speaker for National Webinar, National Association of Federally-Insured Credit Unions Webinar, NAFCU, Credit Union, Lender, Finance, Regulatory, 2018
“In re Fridley: No Shortcuts in the Race to Early Discharge” United Trustees Association Quarterly (Spring 2008) - See more at: http://www.scheerlawgroup.com/2008/in-re-fridley-no-shortcuts-in-the-race-to-early-discharge/ In this article Mr. Scheer analyzes an important Bankruptcy Appellate Panel case, Fridley v. Forsythe (In re Fridley), 380 B.R. 538 (B.A.P. 9th Cir. 2007), regarding the ability of a debtor to try and finish a plan early in an attempt to obtain an early discharge., United Trustee's Association Quarterly, UTA, 2008
In re Wardrobe – Relief From Stay to Pursue State Court Claims Limited to the Causes of Action Pled at the Time of Motion, 2009, In this article, which was published in United Trustee's Association Quarterly Summer 2009 Edition, Mr. Scheer goes over a scenario in which a defendant in a State Court files for Bankruptcy. Mr. Scheer continues to write in this article that the most important and urgent steps to take once this occurs is to file a Proof of Claim to determine if the Plaintiff has a valid claim against the defendant for non-dischargeability. If such a claim exists, papers are then filed in the U.S. Bankruptcy Court. Mr. Scheer continues in the article to state that in some circumstances, the Plaintiff may want to simply continue the proceedings in state court, now Mr. Scheer makes it clear that the defendant may indeed have their debt discharge, however in a number of circumstances such as fraud. Make no mistake, Mr. Scheer lays out the risks associated on the Plaintiffs side, when a defendant in state court files for relief from the automatic stay in the bankruptcy court., United Trustee's Association Quarterly, UTA, 2009
Mr. Scheer spoke on a panel of bankruptcy experts on "lien strip" motions in Chapter 13 bankruptcies and 910 claims. Mr. Scheer presented the creditor's view of these issues and other issues facing real property and vehicle creditors in Chapter 13 under the current real estate climate, Speaker, Chapter 13 and Chapter 7 Practice after BAPCPA, Sacramento Valley Bankruptcy Forum, 2007
Mr. Scheer spoke to the California Credit Union Collectors Council regarding Proofs of Claim in bankruptcy, including potential upcoming changes, local rules and tips for Credit Union bankruptcy departments for Chapter 13 bankruptcy matters., Speaker, CCUCC, 2011
In this article published in the United Trustees Association Quarterly Winter 2013 publication, Mr. Scheer discusses the recent case of R.E. Loans LLC v. Investors Warranty of America, Inc. (2013) 212 Cal.App.4th 1432, and its effect on junior lienholders. The case involved a junior lienholder that agreed to subordinate its interest in order to allow for a refinance, but later discovered that the loan it had subordinated to was "cross-defaulted" with $22,000,000 of additional debt. This eventually resulted in a foreclosure of the subject property. The court deemed the cross-default provision valid and ruled that it did not result in a loss of priority or a violation of the subordination agreement between the parties. Mr. Scheer analyzes the effect of this ruling on subordinating lenders, both from a transactional and litigation standpoint and the resultant burden it imposes., Author, United Trustees Association Quarterly, United Trustees Association, 2013
Mr. Scheer is a panel speaker in the Marin County Bar Association Real Property: Luncheon Seminar, Year End Review. Experts in various real property fields of law cover the most significant cases in the prior year in California Real Property Law, as well as changes to Legislation. Mr. Scheer covers the Bankruptcy portion of the presentation and updates the section on recent developments in Real Property Bankruptcy law. He has done so for the past 5 years and is also scheduled to speak at the upcoming event in March 2015. Attendees are eligible to earn 2 Hours of MCLE Credit by attending the Seminar. Mr. Scheer hosted and helped organize the event while he was co-chair of the Section from 2010-2014., Speaker, Marin County Bar Association Real Property Section, 2014
Mr. Scheer was the lead author in the recently published article for the State Bar California Real Property Journal, the Official Publication of the Real Property Law Section. The article is entitled Bankruptcy Hijackings: Improper Use of the Automatic Stay in Consumer Bankruptcy Proceedings (California State Bar Real Property Journal, Vol. 32, No. 3 (2014)) by Joshua Scheer and Spencer Scheer. The article explores the use and misuse of the automatic stay in bankruptcy proceedings throughout the years and specifically addresses: 1) the limitations on the automatic stay that have been imposed by legislatures to curtail abuse by debtors and third parties 2) strategies employed by debtors to thwart such limitations, 3) creditor response to such strategies and 4) the current state of the law. The article was also selected as the MCLE Self-Study Article for the publication., Lead Author, realpropertylaw.calbar.ca.gov/Publications/Journal.aspx, California State Bar Real Property Journal, California State Bar, 2014
Mr. Scheer spoke at the National Association of Federally-Insured Credit Unions Regulatory Compliance Seminar in San Diego, CA to over 250 attendees. The session focused on the CFPB 2016 Mortgage Servicing Rules, specifically on the Successor in Interest and Bankruptcy protections portion, that go into effect in April 2018. The session was geared towards credit union compliance professionals, including credit union CEOs, in order to prepare them for the upcoming rule changes., Speaker, 2016 Mortgage Servicing Rules - Successors in Interest & Borrowers in Bankruptcy, NAFCU, 2017
Mr. Scheer spoke at the Credit Union Collectors Counsel, Gold Coast Chapter, providing a legal update entitled "CFPB Mortgage Servicing Compliance" detailing the 2016 Mortgager Servicing Rules and changes impacting credit unions., Speaker, CFPB Mortgage Servicing Compliance, CCUCC, 2016

Industry Groups:

Banking
Bankruptcy
Real Property

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