Archive for October, 2009

Honesty and Bankruptcy, Part I: Day of the Living Dishonest

When rapper Chris Brown beat up his then girlfriend Rhianna, there was an odd reaction from much of Hollywood.  As Adam Carolla and Dr. Drew were recently discussing on Carolla’s podcast, Hollywood’s reaction – especially at red carpet events – seemed less than honest and at times downright pathetic.  Some were praising Brown for being a “good person” who was going through a difficult time.  But only a few stood forward and publicly denounced Chris Brown as a pathetic loser who viciously assaulted his girlfriend… something no one can legitimately justify.  The podcast echoed in my mind this week when I was faced with a debtor who was – to put it mildly – outrageously dishonest.  So much so that I was forced to look this person in the eye and say “you know, you’re not coming across as an honest but unfortunate person entitled to bankruptcy protection.”  I thought I was being polite.  Their response left me thinking even more.

I cannot share the details.  Instead, let me share this clever allegory that I believe aptly illustrates exactly how things went in my meeting with this debtor.

(more…)

  • Share/Bookmark

Another Reason Why Going Pro Se is a Bad Idea

There are many reasons that people choose to represent themselves (what is referred to as pro se) rather than hire an attorney.  Rarely are any of them good reasons.  To a lay person, I realize that this sounds almost disingenuous coming from someone who is an attorney – but the law is serious business.  A recent decision from the US Bankruptcy Court in Massachusetts should serve as a reminder to anyone considering the pro se option that do so may invite undesirable consequences. (more…)

  • Share/Bookmark

When You Discover that You Are a Creditor in a Bankruptcy Case…

Last week, I was in the clerk’s office and overheard two people ask the clerk which forms needed to be filed in a bankruptcy case.  But this person was not a debtor – they were a creditor.  Their landlord had filed bankruptcy.  The former tenant was looking for their security deposit back, and was going to sue the debtor in small claims.  I couldn’t help myself – and I butted in.

“You need relief from the automatic stay.”

“The stay applies even to me?” one asked.

“It applies to everyone.”

After that short exchange, I thought I would put together a short checklist of things to do when your landlord – or someone else you know who also happens to owe you money – files a petition seeking bankruptcy protection.

(more…)

  • Share/Bookmark

Cutting Corners in Chapter 13

While sitting in US Bankruptcy Court yesterday waiting for my client’s case to be called, I observed a hearing that I think is worth sharing.  The chapter 13 bankruptcy debtor was represented by an attorney, but the attorney wasn’t there.  The debtor was there, and was prepared to present and argue a motion to sell real estate.  But for a variety of reasons, the motion, and the hearing, did not go quite the way the debtor hoped. (more…)

  • Share/Bookmark

I Was Wrong About BAPCPA

Five years ago Congress passed the Bankruptcy Abuse Prevention and Consumer Protection Act – and at that time, I couldn’t understand what “abuse” Congress was trying to prevent.  As a matter of fact, I penned an op-ed in the Boston Globe expressing my hope that Congress would not pass the legislation because, among other things, I thought the “abuse” was really coming from lenders, not consumers.  After representing many honest debtors who deserve the relief that our laws afford, and have gotten the relief they deserve, I met someone yesterday who sought from me the unthinkable: they wanted me to help them lie.  And even though I know that lenders and credit card companies have caused a huge economic mess in our country, this person is precisely why BAPCPA was enacted.

(more…)

  • Share/Bookmark

I Am a Twit. Maybe.

Remember a few months ago when I openly mocked Twitter and those who tweeted?  Well, after much convincing and research, I’ve decided to take the bold step to explore whether I was wrong.  I have no problem admitting I was wrong.  I think.

Twitter is that nifty social networking site that enables follows to tweet about themselves in 140 characters or less.

Frankly, giving updates in 140 characters or less is going to take some practice.  Attorneys tend to communicate their thoughts and ideas with much superfluous verbiage designed to ensure that we do not leave those who are listening with any doubt as to what we are saying  (translated: we talk a lot – and sometimes, it stunts our growth as people… but it’s something I’m trying to work through).

Why the change of heart?  It seems that everyone is doing it.  While I shudder at conformity, I find it kinda cool that I can follow the Boston Police Department and the Boston Fire Department, as well as some of my favorite bloggers.  If they are tweeting, there is no good reason why I shouldn’t at least give it a try.

So here’s what I’m going to do: next October, this blog will celebrate its 5 year anniversary.  At that time, I promise to blog about whether I was wrong or right about Twitter… and perhaps even why.  For now…I’ll just assume a “let’s wait and see” posture (translated: I’m not technically wrong now).

Feel free to follow us… and please don’t be shy about letting us know how you feel about what and how we’re doing.

Click here to follow us!

  • Share/Bookmark