Posts Tagged ‘bankruptcy attorney’

Twitter, Tweets and Twits

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.  ;-)

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The Easy Life of a Consumer Bankruptcy Attorney

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:

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Honesty Goes A Long Way

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.

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Bankruptcy Court Observations: Bad Lawyering

While my practice is limited to Massachusetts, I understand that people all over the country read this blog. (Of course, they do so with the understanding that it’s not legal advice and that they should confer with a local attorney who can help them.) With that said, my observations this morning in Bankruptcy Court might be helpful to just about anyone facing bankruptcy.

Last week, a Chapter 13 case was filed by a debtor who had a pending Chapter 7 case which had been filed earlier this summer. The judge asked “why do I have two pending bankruptcy cases at the same time?” A good question.

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Thinking About Representing Yourself?

It sounds tempting. Representing yourself in a bankruptcy case rather than hiring an attorney. You save the legal fees. You save the time involved dealing with a lawyer, meeting in the office and responding to requests for information. Plus, if they sell “do it yourself” kits in office supple stores, how hard can it be?

If you’re not going to “do it yourself”, why not get the cheapest lawyer around? If lawyers are advertising bankruptcy services for just a few hundred dollars, why spend more?

Readers might think it is disingenuous for me to tout the reasons why one needs a competent attorney guiding them through the bankruptcy process. They might even think it more disingenuous for me to remind them that “you get what you pay for.” Over my morning coffee I happened upon an article at The Sheboygan Press that addresses this important issue. I’ll let it do the talking, and you can decide for yourself.

You’ll find the article here

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