Archive for the ‘Uncategorized’ Category

Christmas 2009: Light and Darkness

In 2006, I shared my most cherished memories of Christmas Eve.  And today, while reading it again, I was brought back to some very happy times.  Admittedly, it was not always happy.  Like everyone else, my family saw some very difficult times, and not every Christmas Eve was spent in laughter and joy, fueled by a cheese platter that had been left out far, far too long.  But even in the most difficult of times, even when in times of what felt like unending darkness, there is something good to be found.  A goodness that can last for years to come. (more…)

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November 11: Today We Remember

“Today we remember and honor the past service of America’s veterans, and today we renew our commitment to meet the challenges of America’s future for which they gave so much. Almost two centuries ago, Daniel Webster said in his dedication of the monument at Bunker Hill: ‘There remains to us a great duty of defense and preservation, and there is open to us also a noble pursuit to which the spirit of the times strongly invites us.’

“My fellow Americans, on the brink of a new century, we stand before broad, new vistas of hope and progress. But if we are to realize our hopes for that future, we must ensure that America remains the world’s strongest force for peace and freedom, for security and prosperity. We must strengthen and expand the alliances that have brought us thus far. We must continue to reduce the threat posed by weapons of mass destruction.

“We must confront the violent conflicts rooted in ethnic, religious, and racial hatreds that so bedevil the world today. We must stop the global scourges of organized crime, drug trafficking, and especially terrorism. We must build an open trading system for the 21st century, and we must stand with all those who stand for democracy and universal human rights. I cannot help but note on this day that in our time for the first time in the entire history of humanity on this planet, more than half the world’s people live in democratically-elected governments because of the example and the force and the power of the ideas of America, and the sacrifice of America’s veterans.

“Let me also say that as we meet the challenges of the next century, our unity as a people will be as it has ever been, our greatest strength. The silent white rows of crosses that surround us mark the final resting place of men and women of all services, all ranks, all races, all religions. They stand as stunning evidence that our founders were right: We are all equal in the eyes of God. That is something we must continue to practice until we get it right. It is something we must teach our children, and it is something we must continue to teach to those troubled areas of the rest of the world, where people still insist on killing over their differences. Our American veterans buried here came from different walks of life. They served our nation in different places and in different ways.

“Yet, all were united by a love of country, belief in freedom, and opportunity, and responsibility, and their faith in America’s future. As we commemorate this day of reverence and respect, let us also remember this unity of spirit that has guided our nation forward from its beginnings. No words can repay the debt of gratitude we owe to the men and women who have stood up for our freedom, but we can honor the memory of our veterans best by remaining the best kind of Americans we can be and keeping our nations strong and secure, one nation under God, to fulfill the vision of a better world that so many of them, our veterans, gave so much to create.

“Thank you and God bless America.”

President William Jefferson Clinton
Arlington National Cemetery
November 11, 1996

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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!

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Feeds

I’ve learned that some readers who have signed up for the RSS fees or email updates may not be receiving new posts as they appear.  We’re working on the issue – and we should have it fixed soon.

-Bill

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July 4, 2009

On February 9, 1775 the English Parliament declared Massachusetts to be in a state of rebellion.  Several weeks later, on March 23rd, Virginia lawyer Patrick Henry attended a meeting of the colony’s House of Delegates held at St. John’s Church in Richmond.

According to The American manual, Mr. Henry “rose with a majesty unusual to him in an (introduction), and with all that self-possession by which he was so invariably distinguished” said the following:

No man thinks more highly than I do of the patriotism, as well as abilities, of the very worthy gentlemen who have just addressed the House. But different men often see the same subject in different lights; and, therefore, I hope that it will not be thought disrespectful to those gentlemen, if, entertaining as I do opinions of a character very opposite to theirs, I shall speak forth my sentiments freely and without reserve.

This is no time for ceremony. The question before the House is one of awful moment to this country. For my own part I consider it as nothing less than a question of freedom or slavery; and in proportion to the magnitude of the subject ought to be the freedom of the debate. It is only in this way that we can hope to arrive at truth, and fulfill the great responsibility which we hold to God and our country. Should I keep back my opinions at such a time, through fear of giving offense, I should consider myself as guilty of treason towards my country, and of an act of disloyalty towards the majesty of heaven, which I revere above all earthly kings.

Mr. President, it is natural to man to indulge in the illusions of hope. We are apt to shut our eyes against a painful truth, and listen to the song of that siren, till she transforms us into beasts. Is this the part of wise men, engaged in a great and arduous struggle for liberty? Are we disposed to be of the number of those who, having eyes, see not, and having ears, hear not, the things which so nearly concern their temporal salvation?

For my part, whatever anguish of spirit it may cost, I am willing to know the whole truth — to know the worst and to provide for it. I have but one lamp by which my feet are guided; and that is the lamp of experience. I know of no way of judging of the future but by the past. And judging by the past, I wish to know what there has been in the conduct of the British ministry for the last ten years, to justify those hopes with which gentlemen have been pleased to solace themselves and the House?

Is it that insidious smile with which our petition has been lately received? Trust it not, sir; it will prove a snare to your feet. Suffer not yourselves to be betrayed with a kiss. Ask yourselves how this gracious reception of our petition comports with these warlike preparations which cover our waters and darken our land. Are fleets and armies necessary to a work of love and reconciliation? Have we shown ourselves so unwilling to be reconciled that force must be called in to win back our love? Let us not deceive ourselves, sir. These are the implements of war and subjugation — the last arguments to which kings resort. I ask gentlemen, sir, what means this martial array, if its purpose be not to force us to submission? Can gentlemen assign any other possible motives for it? Has Great Britain any enemy, in this quarter of the world, to call for all this accumulation of navies and armies?

No, sir, she has none. They are meant for us; they can be meant for no other. They are sent over to bind and rivet upon us those chains which the British ministry have been so long forging. And what have we to oppose to them? Shall we try argument? Sir, we have been trying that for the last ten years. Have we anything new to offer on the subject? Nothing.

We have held the subject up in every light of which it is capable; but it has been all in vain. Shall we resort to entreaty and humble supplication? What terms shall we find which have not been already exhausted? Let us not, I beseech you, sir, deceive ourselves longer.

Sir, we have done everything that could be done to avert the storm which is now coming on. We have petitioned; we have remonstrated; we have supplicated; we have prostrated ourselves before the throne, and have implored its interposition to arrest the tyrannical hands of the ministry and Parliament.

Our petitions have been slighted; our remonstrances have produced additional violence and insult; our supplications have been disregarded; and we have been spurned, with contempt, from the foot of the throne. In vain, after these things, may we indulge the fond hope of peace and reconciliation. There is no longer any room for hope.

If we wish to be free — if we mean to preserve inviolate those inestimable privileges for which we have been so long contending — if we mean not basely to abandon the noble struggle in which we have been so long engaged, and which we have pledged ourselves never to abandon until the glorious object of our contest shall be obtained, we must fight! I repeat it, sir, we must fight! An appeal to arms and to the God of Hosts is all that is left us!

They tell us, sir, that we are weak — unable to cope with so formidable an adversary. But when shall we be stronger? Will it be the next week, or the next year? Will it be when we are totally disarmed, and when a British guard shall be stationed in every house? Shall we gather strength by irresolution and inaction? Shall we acquire the means of effectual resistance, by lying supinely on our backs, and hugging the delusive phantom of hope, until our enemies shall have bound us hand and foot?

Sir, we are not weak, if we make a proper use of the means which the God of nature hath placed in our power. Three millions of people, armed in the holy cause of liberty, and in such a country as that which we possess, are invincible by any force which our enemy can send against us. Besides, sir, we shall not fight our battles alone. There is a just God who presides over the destinies of nations, and who will raise up friends to fight our battles for us.

The battle, sir, is not to the strong alone; it is to the vigilant, the active, the brave. Besides, sir, we have no election. If we were base enough to desire it, it is now too late to retire from the contest. There is no retreat but in submission and slavery! Our chains are forged! Their clanking may be heard on the plains of Boston! The war is inevitable — and let it come! I repeat it, sir, let it come!

It is in vain, sir, to extenuate the matter. Gentlemen may cry, “Peace! Peace!” — but there is no peace. The war is actually begun! The next gale that sweeps from the north will bring to our ears the clash of resounding arms! Our brethren are already in the field! Why stand we here idle? What is it that gentlemen wish? What would they have? Is life so dear, or peace so sweet, as to be purchased at the price of chains and slavery? Forbid it, Almighty God! I know not what course others may take; but as for me, give me liberty, or give me death!

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We’re on Facebook!

Readers know about my hesitancy about getting on the Twitter bandwagon.  I’m still questioning its usefulness for bankruptcy attorneys like me.   Certainly, Twitter’s role in getting out information out of Terhan this past week has demonstrated its usefulness.   But I’m still not sure whether it is something I’ve got the patience or the mindset for.  At least not yet.

None of this is to say that I resist exploring new ways to communicating important information.  This is why I am pleased to announce that McLeod Law Offices is now on Facebook.

We’ll still blog here but rather than on the blog, we’ll now post timely and important news updates to our Facebook page.  News items that catch our eye and bloggers who are writing about issues we care about will all be shared.  Plus, with status updates, we will also be able to share what we’re up to, and what we’re seeing and hearing – sometimes in real time.  I know that sort of sounds like we’ll be “tweeting”,  but it’s really not the case at all…..I think.

It’s not, right?

Join us by clicking the link below.

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The Sunday News

A fellow bankruptcy attorney shared this article that appeared in last month’s New York Times Magazine.  I see in it some of the same difficulties I see in clients.  It also makes me question how “half-empty” the glass really is.  Although in the interest of full disclosure, the writer has a book coming out.  In other news…

ONE FLAG! Six Flags Amusement Parks files for Chapter 11 protection.

Nashua NH Telegraph:  Welcome to the New Consumer Economy.

Boston Herald:  Consumer spending may never be the same as it was.

South Coast: Home values could take years to recover.  We also could be hitting bottom (I’m not being sarcastic, it says the market “could be a reading a valley”).  I could also be a ledge (ok, that was sarcastic).

Nantucket foreclosures.  I wonder if these homeowners claim their loan was predatory?  I also have to question whether it was.

A bad apple is removed from the barrel: Brockton lawyer settles fraud suit with the Massachusetts Attorney General’s office.

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Coming Soon: Chapter 13 in 13 Chapters

chapter13coverI’m pleased to announce the soon-to-be published consumer bankruptcy manual: Chapter 13 in 13 Chapters. The manual is available exclusively through the American Bankruptcy Institute.   Pre-publication orders are being accepted now.

This manual provides a comprehensive overview of the chapter 13 process from the perspective of both debtors and creditors. Everything from filing preparation and debtor education to the role of the chapter 13 trustee to the discharge of debts is covered, as well as things to consider before a case is converted and when to modify the terms of a payment plan. Written by William J. McLeod and edited by M. Regina Thomas (McCalla Raymer, LLC, Atlanta, GA), the manual provides sage advice for the chapter 13 attorney regarding the timing of the debtor’s tax filings, anticipating and addressing a debtor’s change in circumstances post-confirmation, enforcing the debtor’s rights against a creditor’s collection activity, and post-discharge actions. Heavily peppered with case citations and key excerpts from relevant sections of the Bankruptcy Code, Chapter 13 in 13 Chapters is the essential reference guide that chapter 13 attorneys should have at their fingertips to assist in their practice and to share with clients to help explain the bankruptcy process.

To pre-order, please click here.

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The Recession is Not Over, Take 2

My good friend and my bookkeeper has told me that she has seen the economy declining for a number of years, based on what she has seen with her clients and their vendors.  “In fact,” she once told me “I can tell how bad it is really getting by how easy it is to find a parking space on Newbury Street.”

According to a report in today’s Boston Globe, the Pottery Barn is closing its Newbury Street store.

“It’s surprising to see some one like Pottery Barn go. But there’s been so many stores leaving,” said Debbie Greenberg, owner of upscale boutique Louis Boston, which is planning to vacate its landmark Newbury Street space by next spring for another neighborhood. “The rents went up so high, and then only the stores that could afford it came, making it look like the same street in Chicago and Dallas. It’s not original anymore.”

Looks like finding a parking space on Newbury Street just got a little easier.  And after Louis Boston moves, it perhaps will get even moreso.

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ABC News: “The Recession is Almost Over”

I kid you not.  According to ABC News:

There is a growing belief among financial experts that the recession is over.

Barry Knapp, a strategist at Barclays Capital, wrote recently that the economy appears “to be in the sweet spot of a recovery” and that the recession may have ended last month, according to Bloomberg News.

Liz Ann Sonders, chief investment strategist at Charles Schwab, said on “Good Morning America” today that she agrees with that conclusion

So far, there are a little over 200 comments to this story.  Most of them do not agree with the sentiments in the report.  I think it’s fair to count me in with those who do not agree.

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