Counting to 90

This week I have apparently discovered bankruptcy lawyers who can’t count to 90.  Amazing, isn’t it?  Yet I’ve reviewed two cases where counsel failed to file the case  such that judgment liens fell within the 90 day preference period.  And these were cases where the liens had six figure totals and the debtor had assets. […]

Clients to avoid: those with bankruptcy-adverse spouses

Do you scope out the world view of  your prospect’s non filing spouse? I didn’t and I’m sorry.  The client was full of guilt about the financial situation and kept insisting at our first meeting that “no one should be hurt but him” as a result of the financial predicament leading to bankruptcy.  That situation […]

Bankruptcy Schedules Call For Payoff Balance

Bankruptcy debtors hear something different when their lawyer asks, “What do you owe on your mortgage”. It’s as though they speak a different language,  Client, while we speak Bankruptcy.  As  bankruptcy lawyers, we need to be bilingual. It shouldn’t be a trick question, but all too often the answer a bankruptcy lawyer gets back is […]

Timing Is Everything In Bankruptcy

All three consultations on Friday featured clients intent on filing bankruptcy IMMEDIATELY. Each of them was  certain that they had no time before some disaster would befall them if they didn’t file bankruptcy.  Yet, as we talked, I concluded the consequences of an immediate filing were worse than the perceived goblins chasing the clients Waiting, […]

Bankruptcy Cases Not Predictably Simple

I’ve been aghast at the willingness of lawyers brand new to bankruptcy practice to take on cases and issues far beyond their current competence.  I’ve tried to gently counsel that  both self preservation and the client’s best interest require the inexperienced to pass on cases beyond their present skill set. I realized just how glib  […]