Sometimes, clients will share with me news bytes and other tit bits that I often share with clients. But today, a job-seeking client shared with me a post they found on Craig’s List that was both funny – and a bit troubling.
Posts Tagged ‘bankruptcy attorney’
What Does a Good Bankruptcy Attorney Do?
Friday, November 27th, 2009
I’ve compared my role as a debtor’s attorney as similar to that of a boy scout. My job is to help my debtor client cross the road without getting hit by the bus. A big part of that job is done while preparing. In essence, I get behind the steering wheel of the bus and I ask myself “if I were trying to run over the debtor, what would I be looking for first?” Perhaps a better, and far less macabre way of looking at how I do my job is this: when preparing my client’s case, I pretend that I am trustee and I ask myself: what has my client told me or shown me that would send up a red flag. What could make my client’s life even more difficult than it already is?
Another Reason Why Going Pro Se is a Bad Idea
Wednesday, October 21st, 2009
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…)
When You Discover that You Are a Creditor in a Bankruptcy Case…
Monday, October 12th, 2009
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.
Wondering What a Bankruptcy Attorney Really Does?
Sunday, June 21st, 2009
Thursday I was in Bankruptcy Court waiting for my client’s case to be called. Before the judge took the bench, a gentleman sat behind me and tapped me on the shoulder.
“You a bankruptcy lawyer?” he asked.
“I am.”
“How easy is it for me to convert my case from Chapter 13 to Chapter 7?”
I asked if he had an attorney, and he replied that he did not. He was representing himself (which is not a good idea in Chapter 13, by the way… I’ll talk about that another day).
I told him that the Bankruptcy Court had a Pro Se Law Clerk and that he should direct his questions to the law clerk, who can then either answer the question or direct him to a resource that can.
“Oh, I see,” he replied. “You want to get paid, huh?.”
Imagine if you were walking down the street and you saw a person who you knew to be a dentist. Would you go up to him or her, peel back your lips to show a molar and ask “excuse me, but do know how easy it would be to but a cap on this? Or a porcelain veneer?” No respectable dentist would give you an answer. In fact, some might flee. A disreputable dentist might say “it will be very easy, here’s my card, let’s make an appointment, and be sure to bring your insurance card or check book.”
As I said, while I sort of felt a bit insulted, that feeling was quickly quelled with the realization that this pro se debtor had no clue what it was I did, and why I could not answer his question. So I told him:
“Actually, the reason why I cannot answer your question is because I do not know anything about your case, or about your circumstances. I cannot begin to think about the your question and give you any answer you can rely on unless I do that. Right now, I cannot. The Pro Se Law Clerk however, can.”
The debtor thanked me, and left the courtroom. I do hope that he paid a visit to the Pro Se Law Clerk, and I do hope he got some better direction than I could have given him.
This all got me thinking: there are some people who believe that you don’t need a bankruptcy lawyer to get through the process. There are also some people who believe that lawyers are only out to get paid, and don’t do anything but fill out forms and, on occasion, dress nicely. There’s an assumption that I am a walking fount of information, and the only thing preventing me from sharing it is getting paid.
All of those assumptions make me feel dirty.
All of those assumptions are also completely unfounded.
There’s no way I could have answered this debtor’s question accurately. I could have said “when the judge takes the bench, ask her to convert your case.” That answer would have been the equivalent of the dentist saying “sure, make sure you use good glue and don’t drink hot liquids for 24 hours.”
But I had not reviewed the petition and schedules. I don’t know what the exemptions are, and what issues might arise in a 7 that might not otherwise arise in 13. I don’t know why the debtor is changing course and whether that might open up a whole host of issues. I also don’t know whether the judge – who I bet knows the history of the case and why it’s on the docket that day – doesn’t have some assumptions or questions about the case. In other words, I don’t know a lot. I do know the law.
Yet merely knowing the law is not enough for me to do my job. A good lawyer takes the facts of the client’s case, applies it to the law, and then proceeds while mindful of the client’s goals. A good lawyer is not merely a resource of legal information available to answer questions at the drop of a hat knowing that people will rely on those answer and make important decisions with significant legal consequences. My job requires thought and analysis.
And on a good day, that actually is what I get paid for. Keep this in mind if you’re thinking about filing bankruptcy with or without a bankruptcy attorney.
Another Good Reason to Stay Close to Home
Wednesday, May 20th, 2009
One of the best things about summer is the local produce you’re likely to find not just in the supermarket, but on road side stands. While I admit I’m a bit biased, when I was a kid, there was no better place to get tomatoes and sweet corn than the small farms on Aquidneck Island. That’s probably going to tick-off the good folks in Little Compton, but hey, I know what I know. I am sure that I can find a place online that would ship them to me, but it’s not the same as pulling over to the side of the road, smelling the air, and reaching into your pocket for a few bills to get some good stuff. Law firms advertise online, as do credit counselors and so-called debt settlement and consolidation firms…and there are hundreds if not thousands of companies and firms offering assistance to people struggling with debt. Is it a good idea for Massachusetts consumers stay “local” when they are looking for resources to help them deal with their debt? This very question came up today when I was talking with a prospective client.
For a variety of reasons, the family is in a lot of debt and exploring options. There’s bankruptcy (and I can help them with that), and there’s credit counseling (which I can offer a recommendation). There’s also debt consolidation and debt settlement, but ironically, there do not seem to be too many local companies that offer such services. Perhaps it is because those services are usually little more than a scam. Perhaps it’ because it’s been tried
The clients were considering the “Consumer Law Group, PA” located in Florida. I like Florida – I have not been there in years – but it’s a pleasant place to be. And while I like oranges, I don’t feel the need to go to Florida to get them.
Fortunately, the client did some research on this outfit on their own. They learned that the “Consumer Law Group, PA” had only been around since November 2007. They found websites where people had some very unfavorable things to say. More than one person, actually. They also learned that in less than two years period, they earned an exceptionally low BBB rating. That was their wake up call. It dawned on them: “why are we not dealing with a local business who can help us?”
While this is arguably yet another reason to stay clear from any outfit claiming to offer debt consolidation or debt settlement services (which again, are a scam), I think it is also important to consider going with someone local. It doesn’t matter if it is an attorney, a credit counselor or a lender who may be trying to help you refinance…. why go with an out of state outfit state? After all, we are talking about your money, your life, your family and your future.
For those reasons, it’s important to get good help from someone who knows what they are doing. And frankly, if these issues are important enough for you and your family, then you should be able to look that professional square in the eye. That’s hard to do when they are a few states away.
Clean Up
Thursday, April 23rd, 2009
No one likes cleaning up a mess that someone else made, especially lawyers. I’ve coined the term “clean up” to describe a particular type of case – whether it be debtor or creditor. In most cases however, it’s a debtor’s case that was handled by an attorney who is no longer returning phone calls, or has informed the debtor that they can no longer handle the case. The debtor is extremely concerned, and is usually in a very difficult position. And unfortunately, I’m seeing these types of cases with greater frequency.
There are many reasons why a debtor’s case may not be progressing the way they expected. But in many cases I am seeing, when a debtor is contacting me to either get a second opinion, or to get a new attorney it’s because something in the case is going dreadfully wrong. It could be an improperly completed form, or a complete lack of understanding of how bankruptcy works. It could also be a little of both.
The economy is drying up legal work in other areas and this may be pushing attorneys who do not know bankruptcy law into the practice in an effort to their own ends meet. However, attorneys who do this with an assumption that bankruptcy is “easy” or is just about filling forms will soon realize that this is not the case.
Twitter, Tweets and Twits
Tuesday, April 21st, 2009
There is this whole Twitter craze going around, and I understand that it’s becoming the new hip way to market oneself in cyber-land. I fear I sound too old for my age when I say that I really just don’t get it.
As I understand it, people can send 140 character messages, also referred to as “Tweets” that let “followers” know what they are doing or thinking. I honestly cannot fathom who would be even remotely interested in my daily thoughts, musings or activities as they happen.
For example, today I noticed that one of my colleagues (and I use that term loosely) left a comment to the article on Filing Bankruptcy Without an Attorney. Comments on this blog are moderated because occasionally, some are not appropriate. This comment said the following: “Our attorneys have expertise, [sic] our firm goes beyond filing, [sic] we utilize every opportunity in Bankruptcy i.e. Avoid Liens on Property, Redemption, Selling real estate in Bankruptcy. For more details, log on [to our website].” My colleague (again, used loosely) then proceeded to list out their firm contact information. The comment left me feeling a bit put off.
I cannot imagine that as I was deleting the comment I would have the wherewithal to mention that I could not believe how infuriating it was that my colleague this dude opted to try and advertise his services here without even the courtesy of a voice mail message saying “hey, I know we have never been introduced but do you mind…?”. And, I might add, especially the wherewithal to get it done in just 140 characters.
Then, there is this lunch program I attended today. It was an informative and timely discussion on the role of mediation in bankruptcy cases (a topic I’ll be writing about in the coming days and weeks). However, could I send a “tweet” about that? Probably but not without missing something being discussed. I can’t exactly say “hold that thought, I’d like to ‘tweet’ about it.” Arguably, I could “tweet” that I wish that the room had better acoustics, but who cares about that?
So what would I tweet about? There’s the “I just watched Attorney X get his head handed to him by the judge” tweet. Or I could send this tweet: “I cannot believe how slow Trustee Y is with their creditor’s meetings today. Clearly they didn’t have enough coffee, and I’m going to be here all day.” Neither are particularly nice Tweets, but these things could happen, and I could Tweet about them. And I bet some people might feel a tad resentful. Or bored.
The Tweeting could also end up being something mind-numbingly boring: “I just read a decision out of Florida that a mortgage prepayment may arise to a level of an avoidable preference.” Or even worse: “I’ve just scoured three years worth of bank statements. It’s time for lunch! And it’s stuffed peppers day at Pace’s!” Might watching paint dry be more entertaining and informative?
In fairness, I have not ruled out Tweeting, but I am ensconced on the fence. I do need to learn more about it and really think about whether it is something that my clients and my readers will benefit from…or if it is something that is not nearly as fun as watching paint dry.
It would help if you shared your two cents. Please comment. I promise I won’t delete it. Unless of course, you’re selling something. Sorry, but we cannot have any of that. 
The Easy Life of a Consumer Bankruptcy Attorney
Thursday, August 14th, 2008
Every now and then, I get a call from someone who already has a bankruptcy case pending. Sometimes, they do not like how things are going with their attorney. Other times, they don’t have one at all and find that they are in over their head. And sometimes, by the time they are calling me, they find themselves in what can best be described as a world of hurt. Today, I received such a call.
The debtor’s chapter 13 case was filed almost two months ago. There is still no plan filed. No post-petition mortgage payments have been made. The debtor just got served with a summons and complaint because not all creditors were properly listed on the schedules (and I’m not sure the matrix was done right). The IRS has filed a notice that prepetition tax returns have not been filed. There are motions for relief from stay from secured creditors, and from the tone of them, they seem frustrated. No plan payments have been made, and the creditors meeting is soon. I am also assuming that no tax returns or payments advices have been sent over the chapter 13 trustee. In addition, by looking over the schedules, it appears that the debt is too high for chapter 13 eligibility. After I got all that from reviewing PACER, I decided to ask an easy question first:
Honesty Goes A Long Way
Monday, July 21st, 2008
Today I received a call from a prospective client who was upset with their current bankruptcy attorney. They claimed that their current attorney was not giving them accurate advice, specifically, that the attorney had informed them that information pertaining to a non-filing spouse’s income and expenses was not needed to prepare a bankruptcy filing. That’s generally not the case, but in this instance, the parties had only been married for a short period. But when I started asking some other basic questions, what I got in return was whole a lot of bull.
The caller told me that the husband and wife resided together for about a year prior to the wedding. I told the caller that based on that, I would be required to consider the non-filing spouse’s income not only for the schedules (income and expenses), but also for the means test (actually, it’s the Bankruptcy Code that requires it). But as soon as the information was disclosed, the caller started back-peddling.
