The Shachtman Law Firm

Attorneys

Specialties

Repossession:  We are responsible for the overwhelming majority of Delaware decisions interpreting the rights and obligations of repossessing creditors and consumers under Article 9 of the UCC. This includes the 1980 seminal Supreme Court decision of Wilmington Trust Company v. Conner (issue of notice) and the 2009 Supreme Court decision of Hicklin v. Onyx Acceptance (what constitutes a commercially reasonable sale).
Construction. 2007 decision imposing mechanics lien and $45,000 of attorneys fees for bad faith litigation by landowner.  2006 decision in favor of homeowner against contractor for complete refund and punitive damages for fraud.
Consumer.  1975 Holding that finance companies could not attach wages in Delaware, although banks could (legislature later enacted new law). 1980 Supreme Court decision holding that where repossessing creditor gave improper notice, creditor was barred from collecting any deficiency and consumer was entitled to statutory damages.  1986 Supreme Court opinion that repossessing creditor's notice had to be written. 2009 Supreme Court decision setting forth standards for "commercially reasonable" sale of repossessed collateral.  2006 defense of mortgage foreclosure. [search Westlaw or Lexis for numerous other decisions]

Nuisance/Easement. 2008 Chancery decision as to components of nuisance by adjoining landowners.  2005 Chancery decision of right of industrial landowner to use easement.

Constitutional law:  Garageman lien statute declared unconstitutional (legislature later enacted new law correcting defects).  Procedure of state in entering child support orders without due process declared unconstitutional.  1980 challenge to constitutionality of portion of landlord tenant code (settled).

Escheat:  We were co-counsel in the 2009 Supreme Court en banc decision of AW Financial v.  Empire (claim against corporation for wrongfully surrendering shares to state).  Responded to issues referred by SDNY.

Awards

Douglas Shachtman obtained his Juris Doctoris from the University of Pennsylvania Law School in 1974.  He began practicing in Delaware that year.  He is admitted to the Delaware Supreme Court, the Third Circuit Court of Appeals and the United States District Court.  As needed, he has been admitted on a case-by-case basis. He is BV rated by Martindale Hubbell, bestowed on attorneys who are both ethical and have a superior reputation among attorneys in Delaware.