Avoiding bankruptcy malpractice is a learned skill and necessary for professional survival. If word of mouth from happy clients is the world’s best advertising for a bankruptcy lawyer, loud complaints from unhappy clients in the internet age is professional poison. So, for both client and lawyer future wellbeing, it’s worth considering how to avoid bankruptcy […]
Don’t Dismiss FRBP 7041
Quick: tell me all you know about FRBP 7041. Hint: it involves voluntary dismissals Maybe you’re like me and never gave it much thought. My encounter with the rule ended up at the 9th Circuit, so I now know a lot more about how it impacts bankruptcy motion practice. I concluded that the “Withdraw” event […]
When Laws Collide, You Need The Right Word
As lawyers, words are our stock in trade. If we want to describe, explain, or persuade, we need to use the right word. The difference between the almost right word and the right word is really a large matter – ’tis the difference between the lightning-bug and the lightning. MARK TWAIN I was blown away […]
Why listening is a bankruptcy lawyer’s superpower
The initial meeting with a prospective bankruptcy client is the most important work I do as a bankruptcy lawyer. It’s also the hardest. The results of that meeting lay the groundwork for the entirety of the case. The challenge is establishing rapport with an utter stranger, who’s in distress, and persuading them to spill all […]
Today’s AI Stands To Create Work For Consumer Lawyers
Most lawyers were torn between wincing and laughing when a lawyer filed a brief packed with case authority created out of whole cloth by an AI bot. Meanwhile, a segment of the bar is fretting that we will be replaced by powerful artificial intelligence. My concern, based on a couple of casual forays into AI, […]
Siegel, Claim Preclusion & Me
I’ve been having nightmares about the 9th’s Circuit’s decision in Siegel for 20 years. Broad strokes, Siegel (143 F.3d 525 (9th Cir. 1998) holds that a filed claim in a no asset bankruptcy case to which no one objects is entitled to preclusive effect in subsequent litigation by reason of Bankruptcy Code ยง502. In Siegel, […]
One Trait Makes A Bankruptcy Lawyer Great
One trait makes a bankruptcy attorney stand out. Bankruptcy forms promote the view that filing a case is just recording what the debtor owns and owes today. If all you focus on is the here and now, you can assemble a bankruptcy petition. But if there is one, uniform failing in average bankruptcy lawyers, it’s that […]
