Bankruptcy lawyers know that all debts need to be scheduled. Clients think or hope that they get to pick and choose. Every effective bankruptcy lawyer needs a line, a phrase, or a story to squelch the client’s instinct to exclude things from their bankruptcy filing. The instinct to omit Often the client’s desire to be […]
Filing Bankruptcy Petitions: Playing Connect the Dots
I almost took the client at her word and filed schedules that told half the story. Well, maybe it was 3/4 of the story, but the client who, to my consternation, seemed to enjoy nit picking the draft schedules, told me about the cabin on the lake that they rent out, but omitted from the […]
Find Solution That Works, Bankruptcy or No
Good income, substantial priority tax debt, other debt within the limits: sounds like a Chapter 13 bankruptcy, doesn’t it? Yet the clients were in my office for a second opinion, convinced they couldn’t sustain over five years the payments their attorney provided in their Chapter 13 plan. Their attorney’s approach reminded me of the Greek […]
Prompt Full Disclosure from Bankruptcy Clients
If the price of a bankruptcy discharge is full disclosure, some clients still want to underpay. No matter how carefully you script your initial interview with a client in quest of everything you need to know to advise them on bankruptcy, there will be some tidbit, relevant to your quest, that isn’t evoked with your […]
Why The No-Look Fee In Bankruptcy Harms Us All
The no-look fee is no good in many bankruptcy cases. It harms debtors, their lawyers, and the system as a whole. It fails to compensate the lawyer for critical work, causing a disincentive to providing proper representation. We give up a lot when we settle for being paid just the no-look fee. How we got […]
How To Brush Off The Means Test
There’s a way around the means test. And it’s right there in the Code. Yet we forget. The ***x!!XXX thing only applies to debtors whose debts are primarily consumer. Consumer debt is defined: 8) The term “consumer debt” means debt incurred by an individual primarily for a personal, family, or household purpose. I had to […]
Dig Deep In Your First Meeting With A Prospective Client
The success of a bankruptcy case is frequently determined at the first meeting between client and lawyer. The information that is exchanged and the confidence that is built at that encounter shapes the client’s expectations, the choice of chapter, the timing of the filing and much more. So I cringe when I hear stories about […]
