Posts Tagged ‘Commentary’

Those People

I was recently chatting with an old friend who was sharing with me her recent trials and tribulations.  She is on unemployment – has been for a while -  and trying to sell her house.  Her house is not priced to sell – but priced in line with what other houses in her neighborhood are going for… and are also not selling.  She has also made some regrettable financial and life decisions that have lead her to the place she now finds herself in.  It’s not a judgment – it’s more of an observation.  Some of what she’s experiencing was avoidable.  Some of it – like the unemployment, wasn’t.  She asked me for my advice.

As I started offering some suggestions (among them, dropping the price on the house), I could tell she was getting upset.  She then took a deep breath and said “you know, I’m not like those people you represent.  Those people in bankruptcy.”

There was this period of awkward silence – I don’t think it was particularly long – but it was long enough for me to think something more serious than “really, Blanche. Really?” but not as dramatic as “oh. my. gawd!”‘

Those people,” I said – and I could feel my eyes widening.

Being good friends, we  could tell that we both hit a nerve in each other and we silently retreated to our respective corners.  I did not have it in me to say what I wanted to say then.

I do now.

(more…)

  • Share/Bookmark

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…)

  • Share/Bookmark

Reactive vs. Proactive

I’ve mentioned that sometimes it’s better to proactive than reactive.  Being proactive is calling a bankruptcy attorney when you sense that the barn out back may be a fire hazard.  Being reactive is calling a bankruptcy attorney when the barn is burning, you can’t remember where you put the garden hose while you wonder if water bill has been paid.

When clients do nothing until faced with a foreclosure notice, they are being reactive… which unfortunately places me in a reactive posture.  After years of doing both, I’m certain that being reactive makes an otherwise average case more difficult and more expensive, because but for a scheduled auction some people would just hope that the finances will get better.  But it’s that auction that pushes some people into finally getting their ‘house in order’, albeit quickly… and hopefully not too late.  And for one of my clients, getting his house in order was what he wanted me to help them with.

After being retained by a reactive client, one of the first things I did was send a letter off to an attorney representing a lender.  I let them know that I was representing the client for a bankruptcy case, and I asked that he please send copies of notices to me so that I may ensure everyone is properly listed on the petition and creditor matrix.  A few weeks later, I received a copy of a notice of scheduled auction which I sent off to my client with note reminding him that his petition needed to be filed before the scheduled auction.  The letter also reminded my client of the documents and information I needed to ensure that the paperwork was properly completed when filed.

About 10 days later, and about 2 weeks before the auction, the lender’s attorney calls me and leaves me a message.  He wants to know if I still plan on filing a petition, since he has to hire an auctioneer, and go through the costs of publishing.  He tells me he wants to avoid all of those costs if my client is going to file bankruptcy.  defih8q45j

That put me into a bit of a predicament. (more…)

  • Share/Bookmark

My Thoughts on the Half Glass

There seems to be a trend to see our country’s economic problems through the lens of a glass containing several ounces of a beverage that is approximately 50% of what the container will hold.  Some will look and say the glass is half empty.  Those folks are perceived as pessimists.  Others, including our President, view the glass as half full.  That view is considered more optimistic.  I have a very different take on all of it.

Let’s assume that the beverage is water.  The conventional wisdom (which apparently is now being debated) is that you need 8 glasses of water each day.  Thus, if I am looking at half of a glass of water, I’m not thinking “by golly, it’s half full!”  Instead, I’m thinking “where the heck are the other 7 ½ glasses?”  Surely, I can enjoy that half-full glass.  But sooner or later, I’ll be thirsty again and if I do not find more water, I could slip into dehydration and then things could just get uglier from there.

Recently, a prospective client called me to discuss their business problems.  Over the last several years, the client had made major investments into what he miscalculated as a growing business.  Additional locations were added, staff was increased, and overhead costs exploded.  The problem was that the revenue of the business depended exclusively on consumers who have disposable income and have a budget that provides for recreational spending.  Needless to say, business was not going according to the original plan.

He told me his goal was reorganizing the business.  After exploring a few options with him on the phone and learning more details about his situation, I asked if  - as a part of his reorganization – he had considered pairing down his business to a more manageable or fiscally feasible model.  He didn’t like that idea.  I reminded him that it was important to consider a ‘Plan B.’

Before we ended our conversation he was kind enough to share with me this gem: “You know, I think need to work with someone who like me, sees the glass as half-full.”

Really?

I appreciate the need for remaining positive.  Being positive is what helps us all get out of bed in the morning.  However, I also appreciate the need for being realistic.

Imagine your waiter bringing over a lovely cheese soufflé and then asking him, ‘is this fattening?’  If the waiter wants you to feel good and still eat the dish you ordered, he’ll say something like ‘of course not’, or perhaps something wry such as ‘only if you eat it on Sunday, and since today is Wednesday, you’re ok.’  It would make you feel better about eating it, but it you cannot really say it was being particularly realistic…unless you really believed that eating certain foods on certain days of the week somehow affects their caloric value and fat content, which is far, far beyond what I am capable of commenting on.

On the other hand, if your waiter respects that your need for information is fueled by a desire to make an informed decision (and hopefully the best one), the answer you get will be honest. After all, do you call a bankruptcy attorney because you want an straightforward assessment of the issues facing your life and what you can do about them? Or are you looking for someone else that will look at that half-glass of water and tell you what you want to hear?

Perhaps this is a better question: are you  better off believing that things are better than they really are?  Or are you better off with honest answers to tough questions so you can make the best and sound decisions for you and your family?  The bottom line, it really doesn’t matter whether the glass is half-full or half-empty.  What matters is what’s in the glass, and whether you can, should, or want to drink it.

And that decision, as difficult as it may be, is entirely yours to make.  But you cannot make it without the right information.

  • Share/Bookmark

2009: Perchance to Dream

New Years is a time when many make resolutions. Some resolve to quit smoking. Some resolve to lose weight. The list of resolutions is endless. Personally, I think many resolutions are pretty useless. I didn’t stop smoking because of a resolution (but I did quit… a few Novembers ago), and I have not exactly kept up with resolution diets. I’ve been racking my brain trying to come up with something appropriate to write about for New Years. The last thing I want to do, especially today, is sound trite. It’s not like you can simply “resolve” to get out of bad mortgage or you can “resolve” to get a better job when companies are laying off. But then yesterday, I had a surprise visit from an old client who helped my thought process move along.

My client went through a long chapter 13. At times, it was not particularly pleasant. But all plan payments were paid and the discharge was received a few years ago. Now, she’s dedicated to her business and determined to keep make it grow in a difficult economy.

During our brief meeting, I noticed something different. Was it the hair color, I thought? No. Did she have her teeth done? No, not that. Then it dawned on me. It was something more.

She was happy. She was smiling. While she was not a particularly unhappy person while the case was open, I think it’s fair to say the chapter 13 was not a particularly happy period in her life. But now, the chapter 13 case is behind her and yesterday she sat before me smiling, happy, and talking about the future.

As an attorney, while I try to get my client’s perspective, I really can only get so much. I can only put myself so far into a client’s shoes. So I asked her, now that her case is behind her, now that she is moving forward with her life in new directions, what were her feelings about the bankruptcy process now that she was “on the other side of it.”

She didn’t hesitate with her response. (I can’t quote, but I did take a few notes.) She told me that going through that difficult process allowed her to dream again. That now she could dream and that making those dreams a reality again seemed possible. Her dreams were no longer mired down in a chaos created by debt that had spiraled out of control. She told me that she felt freer than she had felt in a very long time.

The minute these words flowed, I could feel a smile growing on my face….and a bit of a lump in my throat. And then, it dawned on me: ‘this is what I’ve been itching to write about for the New Year.’

Many are looking at 2009 with a sense of foreboding and trepidation. World events are not exactly fueling optimism about the future. Perhaps 2009 will not be a year when dreams will come true. Perhaps things may get worse.

Or perhaps in spite of that, you can find a way to knuckle down, stand straight, bite your lower lip, bide your time, and get through a journey that brings you to the other side of it: a side where you can dream once again. I know it may all sound silly, but I know this place exists. Yesterday, I was fortunate to be reminded that for my clients in or facing bankruptcy, there can be a life afterwards. And that life can be wonderous. The only assurance I can give you is that the big smile on my client’s face proves that anything is possible.

With that, I wish you all a very Happy New Year.

  • Share/Bookmark

Christmas 2008

The last time I wrote a Christmas blog was 2006. While trying to gather my thoughts this Christmas, I re-read that blog entry.

After reading it, I decided it was best to simply point to it. The message is the same. The reasons why I wrote it then have not really changed. If anything, those reasons have become more apparent and obvious to more of us. It’s worth repeating. Once you’re read it, please read my update after the jump.

A Christmas Message…

(more…)

  • Share/Bookmark

What’s Your House Worth?

When I confer with a client who is facing the prospect of bankruptcy to protect their home, I have many important questions. One of them is “what is the value of your home?” The answers are usually varied, and in most recent situations, clients have only old or not useful information. Regardless of the source however, determining the value of the home is a necessary step in any pre-bankruptcy analysis I need to do. And unfortunately, getting that accurate information is not always easy, and it is not always grounded in reality.

(more…)

  • Share/Bookmark

Pop-Financial-Guru: My Take on Dave Ramsey

I’ve often wondered why people wait so long before they file bankruptcy. Like, for example, wait until the morning that their house is scheduled to be auctioned. Wait until they know the tow-truck is coming to take their car away. Then, I wondered if Pop Culture’s Financial Gurus had anything to do with it. Dave Ramsey is one of those gurus who gets a lot of face time on the tube as well as voice time on the radio. He’s also got a book or two out. He hates bankruptcy. Do people listen to him? I bet they do and if you are thinking about bankruptcy, you might want to continue reading.

On bankruptcy, Dave Ramsey says this on his website:

Bankruptcy is not something I recommend any more than I would recommend divorce. Are there times when good people see no way out and file bankruptcy? Yes, but I will still talk you out of bankruptcy if given the opportunity.

It might shock my readers to hear that I tend to be opinionated. I would have no problem recommending divorce if I thought someone should dump their spouse. Of course, I would expect to be asked for that opinion – I would not just approach some random couple on the street who were fighting and offer my unsolicited opinion. I also have the decency to talk someone out of bankruptcy if I thought it was an unwise decision. Yes, I know that means I will not earn a fee for filing a case. But since I know what it’s like to pay for the pain of what I only learned later was unnecessary dental and gum procedures, I do not believe that I should just file bankruptcy for people who I honestly believe do not need it. Thus, I also do not buy the reckless assumption that bankruptcy is bad all around. Drunk driving? That’s bad all around. Filing bankruptcy? Not so much.

(more…)

  • Share/Bookmark

Hey, I’m just the messenger…

As the Senate begins to vote on the bailout, and as Washington and even some local leadership continues its campaign of fear mongering support, here’s some food for thought, courtesy of the good folks over at Calculated Risk:

As of Sept 30th, the national debt was $10,024,724,896,912.49.

What’s another $700,000,000,000?

  • Share/Bookmark