Real Estate Law, Landlord-Tenant Relations, Debtor-Creditor Law

John is a member of the Real Estate and Property Management sections of the firm. He concentrates his practice in commercial and real estate disputes, litigation, including the defense of title insurance claims, landlord-tenant, bankruptcy, and the defense of fair housing and discrimination claims.

Prior to joining Swistak Levine, P.C., John was a staff attorney for a Chapter 13 Trustee and a partner at one of Michigan’s largest firms specializing in all facets of real estate finance legal work, including default servicing, bankruptcy, eviction, and litigation. John has represented mortgage servicers, banks, credit unions, investor groups, commercial and multi-family property owners, and individual entrepreneurs.

Education

• Michigan State University College of Law, cum laude
• Oklahoma State University, B.S.

Bar Admissions

• Michigan, 2000

Court Admissions

• U.S. District Court, Eastern District of Michigan
• U.S. District Court, Western District of Michigan
• U.S. Bankruptcy Court, Eastern District of Michigan
• U.S. Bankruptcy Court, Western District of Michigan
• U.S. Court of Appeals, 6th Circuit

Publications and Activities

• Contributing author, Handling Consumer and Small Business Bankruptcies in Michigan: Chapter 4 - Representing Creditors in Consumer Bankruptcy Cases, ICLE, MI, 2009 to 2021
• Judge, Shapero Cup Moot Court Competition and Symposium, Detroit, MI, 2020
• Speaker, American Bankruptcy Institute, Detroit Consumer Bankruptcy Conference, Troy, MI, 2014
• Speaker, American Bankruptcy Institute, Central States Bankruptcy Workshop, Geneva, WI, 2014
• Speaker, Debtor’s Bar of Western Michigan, Winter Seminar 2012, “Real Estate, Foreclosures, and Bankruptcy”, Grand Rapids, MI, 2012
• Moderator, American Bankruptcy Institute, Detroit Consumer Bankruptcy Conference 2010, “Debtor’s Remedies for Creditor Wrongs RESPA/FDCPA/TILA”, Sterling Heights, MI, 2010
• Speaker, State Bar of Michigan, “New Issues in Enforcing Mortgages in Bankruptcy”, Farmington Hills, MI, 2010
• Speaker, Consumer Bankruptcy Association, “Avoidance of Mortgage in Chapter 13 that Encumbers a Principal Residence”, Royal Oak, MI, 2009
• Speaker, Mortgage Servicing University, “Non-Judicial Foreclosures and Bankruptcy Overview”, Denver, CO, 2005
• Speaker, Attorney Education – Bankruptcy and Collections, Sears, Roebuck and Co., IL, 2002

Notable Published Cases

• In re Haggerty, 596 B.R. 864 (Bankr. W.D. Mich. 2019)
• Maplethorpe v. CitiMortgage, Inc. (In re Maplethorpe), 569 B.R. 157 (Bankr. E.D. Mich. 2017)
• McKinney v. JPMorgan Chase Bank (In re McKinney), 501 B.R. 336 (Bankr. E.D. Mich. 2013)
• Cockels v. Sallie Mae (In re Cockels), 414 B.R. 149 (E.D. Mich. 2009)
• In re Hughes, 313 B.R. 205 (Bankr. E.D. Mich. 2004)
• Shapiro v. Homecomings Fin. Network, Inc. (In re Davis), 318 B.R. 119 (Bankr. E.D. Mich. 2004)

Please contact John by email at jkapitan@swistaklevine.com.