Hello everyone:
I was at a 341 (meeting of creditors) in Kansas City, Kansas this morning. After watching the Trustee conduct several meetings, it made it clear to my client how much the bankruptcy law is still up in the air. We are waiting for the ruling on our 910 car in Missouri (what happens when the debtor purchased the car within 910 days of the bankruptcy filing and they roll into the loan the upside down part of the trade-in car). Kansas has several issues before the 10th Circuit Court including what interest should be paid on the 910 cars and what to do when they have rolled in the upside down part of the trade-in car.
My client heard the Trustee say that the issues have not be decided and it really hit home with him. I think partly because he has a 910 car. My client comment that he heard the Trustee say that the new law is still very new. That really hit home with me. It was just 2 years in October that we filed our last case under the old law. Now, we are in the brave new world still up in the air ... awaiting judges' rulings.
This year has been crazy. I think that everyone who is walking in my door is facing foreclosures, repos, and law suits. My clients have waited to see a bankruptcy attorney until they had no choice. I think that we had everyone file that was even thinking about bankruptcy before Oct 17, 2005 (last day of the old law). Now we are seeing people that never thought about bankruptcy before the rush to file. Some clients are more prepared and others are still babes in the woods.
I will update you all when the Judge issue their rulings on these issues. It will be an interesting year next year!
Bye for now, Susan Bratcher, attorney at law ....
Wednesday, November 28, 2007
Saturday, November 17, 2007
Foreclosures in Missouri
Sorry that I have been away so long. Bankruptcy filings are rising. We are seeing it every day. November is normally a slow month for my office, and this year here I am at 3 p.m. on Saturday with several new clients begging to get in to see us. The mortgage foreclosure rates show just how hard Missouri is being hit. I am not seeing the same numbers from my Kansas clients. It could be that because my office is in Missouri that I just see more. It is hard to see people losing their homes just because they took out a loan that they can't afford to pay because the interest rates have sky rocketed.
We hear it every day. I even get calls from real estate agents begging us to help them. I do not have the power to make everything better. In bankruptcy, I can help clients get the arrearages current by paying them through the plan. (The arrearages are the amounts that the debtors are behind on their payments.) However, clients must be able to make the on-going mortgage payments. I don't have the power to change the interest rates in general.
Also, as I have said before, refinancing is hard to do that first year of bankruptcy. I want to point my clients towards some banks that have been working with my clients. Hats off to these business: Platte Valley Bank and Lawson Bank. My clients received wonderful treatment by these banks, and I want to say thanks to them. (I don't have an account or a relationship with either of them.)
My clients are done filling out their paperwork ... so I have to go.
Hello to all of my clients and readers.
Susan Bratcher
We hear it every day. I even get calls from real estate agents begging us to help them. I do not have the power to make everything better. In bankruptcy, I can help clients get the arrearages current by paying them through the plan. (The arrearages are the amounts that the debtors are behind on their payments.) However, clients must be able to make the on-going mortgage payments. I don't have the power to change the interest rates in general.
Also, as I have said before, refinancing is hard to do that first year of bankruptcy. I want to point my clients towards some banks that have been working with my clients. Hats off to these business: Platte Valley Bank and Lawson Bank. My clients received wonderful treatment by these banks, and I want to say thanks to them. (I don't have an account or a relationship with either of them.)
My clients are done filling out their paperwork ... so I have to go.
Hello to all of my clients and readers.
Susan Bratcher
Thursday, September 6, 2007
Revoking Discharge or the Case is Not Over Just Because You Receive a Discharge
I am sorry that I have been away so long ... things are very busy. Last week I meet a new client with a revoked discharge from their Chapter 7 bankruptcy. I have not had one of my clients' discharge revoked (knock on wood) yet! However, one of my clients came close. Now, let me back up and explain some terms and law.
First, cases end one of a few ways, they can be discharged or dismissed. The goal of filing a bankruptcy case is to obtain a discharge of the debtor's debts. This means that the debtor does not owe the creditor any more at the end of the case. Some debts are not dischargable, such as child support, some taxes, and student loans (in general). Discharge is a good thing for the debtor. Dismissal means that the case is over but the debts are still out there. The bankruptcy did not resolve the debts and they still may be collectable. (See an attorney to see how these laws apply in your case.)
Second, in Missouri and Kansas Debtors can obtain a discharge and their case is still not over. How can that be? Well, I have a few cases where someone passed away within 180 days from the date of filing the bankruptcy case and if my client receives any money or property due to the death of that person the money belongs to the bankruptcy estate. One of the Chapter 7 trustees would say at the meeting of creditors (341 meeting) that the money or property was his not the debtors. Well, often the debtor has received the discharge before the death occurs. Then, we send the Trustee a letter letting them know that someone has passed away and my client might receive something. The Debtor has an ongoing duty to tell the Trustee this kind of information. The other thing is that a prorated portion of the next year's tax refund also belongs to the estate.
I can hear you asking how that is possible ... so back to the speech ... every thing that you own on the date of filing is part of the bankruptcy estate plus a few things including any money or property that you receive due to the death of someone withing 180 days from the date of filing. The death occurs within that time frame ... it may take years to receive the money or the property. Well, the tax refund is part of what debtors own on the date of filing. For example, if you file on June 30th then 1/2 of the year is over and 1/2 of the tax refund belongs to the trustee (after exemptions).
What happens sometimes is that Debtors are short on money and they spend the Trustee's share of the tax refund ... Then the Trustee files a Motion to have the money turned over to them. After all it is the Trustee's job to protect the creditors. If my clients are honest with me and themselves we can often work this out with the Trustee ... The Trustees are just doing their job but they have allowed our clients to make reasonable payments ... so that it will be paid off in about 10 months or less.
This is were some problems may arise. Clients must keep their attorneys informed as to their address and phone numbers. If the attorney can't reach the Debtor then the Debtor won't know that they need to do something. Then, the next thing you know the Trustee is seeking to revoke their discharge ... then the Debtor has done all of this work and still owes money to the creditors (exceptions may apply). It is the exceptions that make the practice of law interesting.
To all of my clients ... please keep us informed of your addresses even if you think that the case is long over. Maybe I will get the holiday and or Christmas cards out again this year! I have not mailed them out for 7 years ... it could be the right year to do it.
Well, I need to get some rest ... Have a wonderful day.
Susan
First, cases end one of a few ways, they can be discharged or dismissed. The goal of filing a bankruptcy case is to obtain a discharge of the debtor's debts. This means that the debtor does not owe the creditor any more at the end of the case. Some debts are not dischargable, such as child support, some taxes, and student loans (in general). Discharge is a good thing for the debtor. Dismissal means that the case is over but the debts are still out there. The bankruptcy did not resolve the debts and they still may be collectable. (See an attorney to see how these laws apply in your case.)
Second, in Missouri and Kansas Debtors can obtain a discharge and their case is still not over. How can that be? Well, I have a few cases where someone passed away within 180 days from the date of filing the bankruptcy case and if my client receives any money or property due to the death of that person the money belongs to the bankruptcy estate. One of the Chapter 7 trustees would say at the meeting of creditors (341 meeting) that the money or property was his not the debtors. Well, often the debtor has received the discharge before the death occurs. Then, we send the Trustee a letter letting them know that someone has passed away and my client might receive something. The Debtor has an ongoing duty to tell the Trustee this kind of information. The other thing is that a prorated portion of the next year's tax refund also belongs to the estate.
I can hear you asking how that is possible ... so back to the speech ... every thing that you own on the date of filing is part of the bankruptcy estate plus a few things including any money or property that you receive due to the death of someone withing 180 days from the date of filing. The death occurs within that time frame ... it may take years to receive the money or the property. Well, the tax refund is part of what debtors own on the date of filing. For example, if you file on June 30th then 1/2 of the year is over and 1/2 of the tax refund belongs to the trustee (after exemptions).
What happens sometimes is that Debtors are short on money and they spend the Trustee's share of the tax refund ... Then the Trustee files a Motion to have the money turned over to them. After all it is the Trustee's job to protect the creditors. If my clients are honest with me and themselves we can often work this out with the Trustee ... The Trustees are just doing their job but they have allowed our clients to make reasonable payments ... so that it will be paid off in about 10 months or less.
This is were some problems may arise. Clients must keep their attorneys informed as to their address and phone numbers. If the attorney can't reach the Debtor then the Debtor won't know that they need to do something. Then, the next thing you know the Trustee is seeking to revoke their discharge ... then the Debtor has done all of this work and still owes money to the creditors (exceptions may apply). It is the exceptions that make the practice of law interesting.
To all of my clients ... please keep us informed of your addresses even if you think that the case is long over. Maybe I will get the holiday and or Christmas cards out again this year! I have not mailed them out for 7 years ... it could be the right year to do it.
Well, I need to get some rest ... Have a wonderful day.
Susan
Sunday, August 19, 2007
Mortgage Companies Filing for Bankruptcy
Thanks to all my clients and friends sending emails and calling about mortgage companies filing for bankruptcy. Many of my clients are taking joy from this news. Is it really surprising that what goes around comes around? When clients can't make their monthly payments, they often don't have any options ... many are having to let their homes go back to the creditors. With so many houses on the market, those homes are not selling. Many of my clients have tried everything before coming to see an attorney to talk about bankruptcy. This is not any one's first choice ... it is most of their only option to get a fresh start.
So, now mortgage companies as reaping the the rewards of their lending policies and loan packages. I have real estate agents and their clients calling and begging me to help them ... as the mortgage broker told them that they did not need to worry about the interest rate increases because they would be able to re-finance before the two years. Now, money is not as readily available and those loans are not to be found. I hate those 2 year fixed rate with the 6 month ARM rates. I believe that the mortgage brokers thought that they were helping the borrowers, because many of them used the same loan package on their own homes. But now ... everyone is hurting. The holders of the notes are, well, some are filing for bankruptcy.
I expect more news about lenders filing in the next year. With foreclosure rates staying at record highs ... the only ones I see winning are my counterparts doing the foreclosures. ... And now I wonder if they will be paid all that they are owed as the mortgage companies file for protection under bankruptcy ... even those law firms may take a hit ... and not receive all of their fees ... it all depends on the bankruptcy cases of the lenders.
The reality that when everyone is losing their home to foreclosure we all lose something. Home ownership is a big American dream ... I have seen people do everything they can to save their home ... not just because it is a place to live but because part of home ownership is the dream that you have one part of this earth and it is yours. Don't give up hope ... many people will own a home again. Something will change ... time will tell.
I think that I need to get a real estate blog up ... I will see what this week holds and maybe I can start working on it.
Have a great weekend.
Susan
So, now mortgage companies as reaping the the rewards of their lending policies and loan packages. I have real estate agents and their clients calling and begging me to help them ... as the mortgage broker told them that they did not need to worry about the interest rate increases because they would be able to re-finance before the two years. Now, money is not as readily available and those loans are not to be found. I hate those 2 year fixed rate with the 6 month ARM rates. I believe that the mortgage brokers thought that they were helping the borrowers, because many of them used the same loan package on their own homes. But now ... everyone is hurting. The holders of the notes are, well, some are filing for bankruptcy.
I expect more news about lenders filing in the next year. With foreclosure rates staying at record highs ... the only ones I see winning are my counterparts doing the foreclosures. ... And now I wonder if they will be paid all that they are owed as the mortgage companies file for protection under bankruptcy ... even those law firms may take a hit ... and not receive all of their fees ... it all depends on the bankruptcy cases of the lenders.
The reality that when everyone is losing their home to foreclosure we all lose something. Home ownership is a big American dream ... I have seen people do everything they can to save their home ... not just because it is a place to live but because part of home ownership is the dream that you have one part of this earth and it is yours. Don't give up hope ... many people will own a home again. Something will change ... time will tell.
I think that I need to get a real estate blog up ... I will see what this week holds and maybe I can start working on it.
Have a great weekend.
Susan
Friday, August 17, 2007
Cash in Checking Accounts
Today, I was in bankruptcy court in Kansas City, Kansas, and the Judge made several interesting statements. He said that there is an ongoing problem with bank accounts. Kansas has no exemptions for cash or money in bank accounts. Before the internet was so common, it was hard to know it there were outstanding checks or not. I asked my clients to go to the bank and see if this check or that check had cleared. I also suggested that my client use money orders for a few weeks before filing. Then there were no mistakes. I tell everyone that Trustees want all of the money in the checking accounts on the day of filing. If clients just expect to turn the money over ... then there are no surprises. That is what I want my clients to have during this process .... no surprises ... well good ones are ok.
In Missouri, we have a wild card to use to protect cash, bank accounts, and tax refunds. However, it is limited. I still like the bank accounts to be as low as possible. I beg my clients to get the money out of the accounts before we file. That does not mean having the money in their hands, but rather to spend it on things that my clients need .. like lights, water, gas, and insurance.
Well, have a great weekend. I will get the part II up soon. We have had a very busy week with too many people in the hospital and a death in the family. It will get better ... take care.
Susan
In Missouri, we have a wild card to use to protect cash, bank accounts, and tax refunds. However, it is limited. I still like the bank accounts to be as low as possible. I beg my clients to get the money out of the accounts before we file. That does not mean having the money in their hands, but rather to spend it on things that my clients need .. like lights, water, gas, and insurance.
Well, have a great weekend. I will get the part II up soon. We have had a very busy week with too many people in the hospital and a death in the family. It will get better ... take care.
Susan
Wednesday, August 15, 2007
Thanks and ID Problems
I want to start this post with a big thank you to Debbie. One of my best friends was in the hosptial this weekend with heart problems. My son and I were at Gates & Sons eating a very late lunch after going to the hosptial. My check book fell to the ground and a very nice lady, Debbie found it. She tried to get the staff at Gates to make an announcement but that did not work out. She call my number, and we made arrangments to meet so that she could return it to me. Thanks.
I was so lucky. Several of my clients have not been so lucky. When I was an attorney for legal aid, we had a client that lost his ID and he was not as lucky. He was arrested often ... on traffic charges. Then, he would tell the Judge that it was not him and he wanted to be finger printed. Then, after the finger prints showed that it was not him, the court would release him. He was arrested so often that he lost his job. How easy that could have been any of us.
I have other clients that have loans in their names that they did not make. It is so easy to get credit online and over the phone without showing any ID. One of my family members had her purse stolen. Then next thing she knew, checks were being cashed all over the city. I saw one of the checks that Walmart cashed and it was not even signed. It took a lot of work to clear things up ... I am not sure that it is all cleared up even today ... years later.
A few weeks ago, I was preparing a case for filing and my clients' credit report kept showing a mortgage, when my client did not have a mortgage. I am still waiting to file that bankruptcy case until we have the credit report in hand. Under the new law, you must list creditors or you risk not having that debt discharged. Better safe than sorry.
Tom, the other attorney in my office, went to classes this spring on Fair Credit Reporting Act. We have been getting calls from our old clients about creditors sueing them after the debt was discharged. We are working on several cases with a law firm on the other side of the state. I will tell you their name in a later post. What is happening is that old debts are being sold for pennies on the dollar and the new buyer is doing all they can to collect. I don't know why the account is not marked bankruptcy.
If you receive a summons to appear in court on a debt that was listed on your bankruptcy case and that debt was discharged then see an attorney. If you are my client please bring the papers in ASAP so that the other attorney does not take a judgment against you. It is more work to set aside the judgment, than it is to file "Suggestions of Bankruptcy" and get the case dismissed. One some of these cases, we have been sending out discovery requests and then the case is dismissed.
Well, I need to get off my little soap box. I was lucky and I know it. I am thankful that Debbie took the time to pick up my check book and call me. Thank you very much Debbie.
I was so lucky. Several of my clients have not been so lucky. When I was an attorney for legal aid, we had a client that lost his ID and he was not as lucky. He was arrested often ... on traffic charges. Then, he would tell the Judge that it was not him and he wanted to be finger printed. Then, after the finger prints showed that it was not him, the court would release him. He was arrested so often that he lost his job. How easy that could have been any of us.
I have other clients that have loans in their names that they did not make. It is so easy to get credit online and over the phone without showing any ID. One of my family members had her purse stolen. Then next thing she knew, checks were being cashed all over the city. I saw one of the checks that Walmart cashed and it was not even signed. It took a lot of work to clear things up ... I am not sure that it is all cleared up even today ... years later.
A few weeks ago, I was preparing a case for filing and my clients' credit report kept showing a mortgage, when my client did not have a mortgage. I am still waiting to file that bankruptcy case until we have the credit report in hand. Under the new law, you must list creditors or you risk not having that debt discharged. Better safe than sorry.
Tom, the other attorney in my office, went to classes this spring on Fair Credit Reporting Act. We have been getting calls from our old clients about creditors sueing them after the debt was discharged. We are working on several cases with a law firm on the other side of the state. I will tell you their name in a later post. What is happening is that old debts are being sold for pennies on the dollar and the new buyer is doing all they can to collect. I don't know why the account is not marked bankruptcy.
If you receive a summons to appear in court on a debt that was listed on your bankruptcy case and that debt was discharged then see an attorney. If you are my client please bring the papers in ASAP so that the other attorney does not take a judgment against you. It is more work to set aside the judgment, than it is to file "Suggestions of Bankruptcy" and get the case dismissed. One some of these cases, we have been sending out discovery requests and then the case is dismissed.
Well, I need to get off my little soap box. I was lucky and I know it. I am thankful that Debbie took the time to pick up my check book and call me. Thank you very much Debbie.
Saturday, August 11, 2007
Announcments
Announcing the web pages: http://www.bratcherlaw.biz/ is up and running. I still am working on it but it is ok shape for everyone to look it over. Call us if you are considering bankruptcy in the Kansas City area. (816) 453-2240.
I am still trying to learn how to make all of this internet advertising work without spending all of my free time on it and/or all of my money.
Next, I will be at an auction for one of my probate cases on Sept 8, 2007. I will be giving everyone the web cite for the auction house. It is very exciting to get everything sold from this estate! I will be out of the office that afternoon to attend the sale just outside of Topeka, Kansas.
I am considering letting all the calls on Friday afternoons go to voice mail. We did this in the past to give us some time to get more work done. We also need some more training classes for new employees, and I think it is a good time to cross-train everyone in the office. We will be sending almost everyone out sometime in the next 2 months for outside training. Tom is going to mortgage classes in September. Tom and I are going to a class on probate and giving. I hope to send Jewel and Donna to classes at the courthouse to learn how to file cases on ECF. ECF is the paperless system that the federal courts us.
I expect home loans to become very harder to come by as Countrywide said that they are not buying any new loans. Oh, my gosh. Tom was telling me that the paper said that Countrywide is the largest lender, but I did not check it out yet! I know that we see Countrywide loans all the time. Many lenders are in trouble because they have loans going unpaid. Just look around at the new houses unsold. Times are still very bad out there.
Have a great weekend.
Susan
I am still trying to learn how to make all of this internet advertising work without spending all of my free time on it and/or all of my money.
Next, I will be at an auction for one of my probate cases on Sept 8, 2007. I will be giving everyone the web cite for the auction house. It is very exciting to get everything sold from this estate! I will be out of the office that afternoon to attend the sale just outside of Topeka, Kansas.
I am considering letting all the calls on Friday afternoons go to voice mail. We did this in the past to give us some time to get more work done. We also need some more training classes for new employees, and I think it is a good time to cross-train everyone in the office. We will be sending almost everyone out sometime in the next 2 months for outside training. Tom is going to mortgage classes in September. Tom and I are going to a class on probate and giving. I hope to send Jewel and Donna to classes at the courthouse to learn how to file cases on ECF. ECF is the paperless system that the federal courts us.
I expect home loans to become very harder to come by as Countrywide said that they are not buying any new loans. Oh, my gosh. Tom was telling me that the paper said that Countrywide is the largest lender, but I did not check it out yet! I know that we see Countrywide loans all the time. Many lenders are in trouble because they have loans going unpaid. Just look around at the new houses unsold. Times are still very bad out there.
Have a great weekend.
Susan
Friday, August 10, 2007
What to Look for in an Attorney
Hiring an attorney is difficult for several reasons:
1. You are under stress most of the time when you hire an attorney -- something has gone wrong and you want an attorney to "fix" it.
2. Good attorneys are busy. This is true of every other profession that I know. For example, we schedule my husband's doctor's appointment for route care 1 month before we want to see the doctor.
3. It is hard to tell if the attorney is a good match or not at just one meeting.
So what is a person to do?
Know your goals for the relationship. I try to keep my clients' eyes on their goals for the case. If they hire me for a bankruptcy then they have a reason to be in the case. For example: I am trying to get my clients to think about what they want at the end of the case: it could be to just stop the creditors and/or collectors from calling; or it could be to pay off a car. It helps everyone to know what you want ... if you don't know what you want then you are not likely to get it.
Communication styles matter. You and your attorney must be able to communicate. Don't let the attorney talk over your head. A good attorney will take you step by step through the process of the case. If you don't understand you could make a lot of mistakes. Ask questions! Now please don't call every 5 minutes with a new question ... nor am I suggesting that you ask everyone in the office the same question over and over just to see if you get a different answer. But you need to understand what is going on in your case. It is your life and you need to understand what is going on in your case.
1. You are under stress most of the time when you hire an attorney -- something has gone wrong and you want an attorney to "fix" it.
2. Good attorneys are busy. This is true of every other profession that I know. For example, we schedule my husband's doctor's appointment for route care 1 month before we want to see the doctor.
3. It is hard to tell if the attorney is a good match or not at just one meeting.
So what is a person to do?
Know your goals for the relationship. I try to keep my clients' eyes on their goals for the case. If they hire me for a bankruptcy then they have a reason to be in the case. For example: I am trying to get my clients to think about what they want at the end of the case: it could be to just stop the creditors and/or collectors from calling; or it could be to pay off a car. It helps everyone to know what you want ... if you don't know what you want then you are not likely to get it.
Communication styles matter. You and your attorney must be able to communicate. Don't let the attorney talk over your head. A good attorney will take you step by step through the process of the case. If you don't understand you could make a lot of mistakes. Ask questions! Now please don't call every 5 minutes with a new question ... nor am I suggesting that you ask everyone in the office the same question over and over just to see if you get a different answer. But you need to understand what is going on in your case. It is your life and you need to understand what is going on in your case.
Thursday, August 9, 2007
Stipulated Orders With Drop Dead Clauses
It has been a hard week in the office. I know that money is still tight out there for many people. And don't even get me started on the 6-month mortgage increases that are putting so many houses into foreclosure. How do I know that money is tight? Well, clients have been ringing the phone off the hook begging for just one more chance to save their home from foreclosure. We have been lucky and smart . . . but we have not been able to help everyone. I hate that so much! I got into bankruptcy to help people and I want it to work as much as the clients do ... some times I think that I want it more ... I hate to lose.
This is how it goes: clients are behind in their mortgage payments and on the steps of foreclosure ... so they see us and because they did not wait until the last second to see us they file a Chapter 13 bankruptcy to save their home. We work our behinds off typing up just enough the case to stop the foreclosure ... we make it look too easy I think some times ... because we do it all the time. We call, fax and mail a copy of the bankrutpcy notice to the creditor's attorney ... we have had to have our clients stand on the Courthouse steps and hand the creditor's attorney a copy. And we win for our clients a chance to save their home! Yea!
I tell everyone make your house payments ... you may not get another bite of the apple ... and keep a copy of the payment because you have to prove that you made the payments! So, life goes on and my clients run into a bit a rough spot. Then, the next thing you know I get a motion to lift the stay on the house. We send our clients a copy of the motion and a letter telling them to get on the phone or in the office with proofs of payments and let us know what they want to do. Nine times out of ten, my clients want to keep the house. So, if we can't prove that they are current ... we agree to a 6 month repayment plan for the missed payments due the middle of the month. We try our hardest to not agree to a Drop Dead Clause .... A Drop Dead Clause means if you brake it you lose ... you are dead in the water. But as the Judges are allowing the stays to be lifted if the agreement is not signed ... we are doing more Drop Dead Agreements. Additionally, the Judges are clear, for the most part, that Debtors do not get an endless number of chances. (I have had the Judge tell me that they were sorry that my client was losing their house but ... only so many chances. My Judge did not have to tell me that because I knew that he wanted my client to be able stop their home going into foreclosure... but at some point the creditor has to be able to move forward and sell the property. I have great Judges, who work hard to apply all of the laws fairly.)
Then, life goes on and my clients get behind in their house payments for the 3rd time. I get a letter or notice from the creditor saying that my clients are in default. Because of these drop dead agreements, our clients have 10 days to get current or prove that they are current or the creditor's attorney sends an order to the court lifting the stay. We have only 10 days to file an objection -- and then only if we can show that the order should not have been entered. Or, I have filed a motion to reconsider ... if the facts were good. Last week, we disagreed with the creditor's attorneys to the point that we are sueing the mortgage company and their attorneys. More on that later ... with my client's permission of course.
So, we when get the notices, we write our clients. We also try to call them. I have to get more email addresses because I think that I will have the staff start writting them. (Problems with being sure that no one else can read it ... more later.) Yesterday, I was about to give up on my client being able to keep the house. As I was leaving to go to court, I asked Tom to get out the Order and look at it to see if there was any hope for our client. Creditors often change law firms, and the new firm may not have read the order carefully to see if the clause was there or not. Well, thank goodness, my client's order was lacking the part requiring them to make the on-going payments or face the drop dead clause ... so our clients dodged the bullet.
For my clients: I hate signing Drop Dead Agreements but I will:
(1) if it is to save your home;
(2) and you tell me that you understand.
But then understand that my hands will likely be tied if you fail to live up to the terms of the agreement. You have agreed in advance to what would/should happen it you don't make the payments on time.
So much for my soap box tonight. Bankruptcy Part II will be posted next week.
Take care,
Susan
This is how it goes: clients are behind in their mortgage payments and on the steps of foreclosure ... so they see us and because they did not wait until the last second to see us they file a Chapter 13 bankruptcy to save their home. We work our behinds off typing up just enough the case to stop the foreclosure ... we make it look too easy I think some times ... because we do it all the time. We call, fax and mail a copy of the bankrutpcy notice to the creditor's attorney ... we have had to have our clients stand on the Courthouse steps and hand the creditor's attorney a copy. And we win for our clients a chance to save their home! Yea!
I tell everyone make your house payments ... you may not get another bite of the apple ... and keep a copy of the payment because you have to prove that you made the payments! So, life goes on and my clients run into a bit a rough spot. Then, the next thing you know I get a motion to lift the stay on the house. We send our clients a copy of the motion and a letter telling them to get on the phone or in the office with proofs of payments and let us know what they want to do. Nine times out of ten, my clients want to keep the house. So, if we can't prove that they are current ... we agree to a 6 month repayment plan for the missed payments due the middle of the month. We try our hardest to not agree to a Drop Dead Clause .... A Drop Dead Clause means if you brake it you lose ... you are dead in the water. But as the Judges are allowing the stays to be lifted if the agreement is not signed ... we are doing more Drop Dead Agreements. Additionally, the Judges are clear, for the most part, that Debtors do not get an endless number of chances. (I have had the Judge tell me that they were sorry that my client was losing their house but ... only so many chances. My Judge did not have to tell me that because I knew that he wanted my client to be able stop their home going into foreclosure... but at some point the creditor has to be able to move forward and sell the property. I have great Judges, who work hard to apply all of the laws fairly.)
Then, life goes on and my clients get behind in their house payments for the 3rd time. I get a letter or notice from the creditor saying that my clients are in default. Because of these drop dead agreements, our clients have 10 days to get current or prove that they are current or the creditor's attorney sends an order to the court lifting the stay. We have only 10 days to file an objection -- and then only if we can show that the order should not have been entered. Or, I have filed a motion to reconsider ... if the facts were good. Last week, we disagreed with the creditor's attorneys to the point that we are sueing the mortgage company and their attorneys. More on that later ... with my client's permission of course.
So, we when get the notices, we write our clients. We also try to call them. I have to get more email addresses because I think that I will have the staff start writting them. (Problems with being sure that no one else can read it ... more later.) Yesterday, I was about to give up on my client being able to keep the house. As I was leaving to go to court, I asked Tom to get out the Order and look at it to see if there was any hope for our client. Creditors often change law firms, and the new firm may not have read the order carefully to see if the clause was there or not. Well, thank goodness, my client's order was lacking the part requiring them to make the on-going payments or face the drop dead clause ... so our clients dodged the bullet.
For my clients: I hate signing Drop Dead Agreements but I will:
(1) if it is to save your home;
(2) and you tell me that you understand.
But then understand that my hands will likely be tied if you fail to live up to the terms of the agreement. You have agreed in advance to what would/should happen it you don't make the payments on time.
So much for my soap box tonight. Bankruptcy Part II will be posted next week.
Take care,
Susan
Tuesday, August 7, 2007
Bankruptcy Basis in Missouri and Kansas part one
Part One
There are 4 types of bankruptcy that people can file. There are other types – for other entities like rail roads companies can file. But there are only 4 types for people. First, let’s talk about the ones that most of my clients don’t file. Chapter 11 is reorganization; it is not for most people because the retainer for the attorney’s fees is over $10,000. The second type is for farmers. That leaves us with Chapter 7 and Chapter 13. Chapter 7 is liquidation, and Chapter 13 is reorganization.
I file more Chapter 13s than Chapter 7s in my practice because my clients have houses and cars to save and they can do that can do in Chapter 13. Chapter 7 is liquidation, but most people don’t lose anything. Missouri and Kansas both decided to only allow their state’s exemptions and you can’t use the federal exemptions in bankruptcy cases … unless you are not a resident of the state.
Kansas is a great debtor state. Missouri is a creditor state. This makes practice in our border town very interesting. I tell my clients and my staff to walk me through the following questions before I can answer bankruptcy questions. First, is the case Kansas or Missouri? Second, is the case Chapter 7 or Chapter 13? Third, is the case filed? The answers to these questions change my advice.
Why is Kansas a debtor state? Because the exemptions are very good for debtors in Kansas, so it is a good place to be a debtor. The exemption for cars/trucks is $20,000 per car per debtor. Compared with Missouri’s cars/trucks exemption is only $3,000 per debtor per car. In Kansas, the household goods exemption is all of the furniture, clothing, heating fuel that you and your family need for the next year. In Missouri, the household good exemption is $3,000 per debtor. The crazy part is there is no exemption for cash in Kansas. Missouri has a wild card exemption and exemptions for each child under the age of 18 and head of house hold exemption which can be applied to cash, tax refunds or any thing that they want to exempt. Missouri is a creditor state because it is a good place to be a creditor.
This blog is not intended to give anyone legal advice. See an attorney for legal advice in your case.
If you are looking for an attorney in the Kansas City Area, call our office for an appointment at (816-453-2240) or email us at www.bratcherlaw@yahoo.com. We represent Debtors in Chapter 7 and 13s.
There are 4 types of bankruptcy that people can file. There are other types – for other entities like rail roads companies can file. But there are only 4 types for people. First, let’s talk about the ones that most of my clients don’t file. Chapter 11 is reorganization; it is not for most people because the retainer for the attorney’s fees is over $10,000. The second type is for farmers. That leaves us with Chapter 7 and Chapter 13. Chapter 7 is liquidation, and Chapter 13 is reorganization.
I file more Chapter 13s than Chapter 7s in my practice because my clients have houses and cars to save and they can do that can do in Chapter 13. Chapter 7 is liquidation, but most people don’t lose anything. Missouri and Kansas both decided to only allow their state’s exemptions and you can’t use the federal exemptions in bankruptcy cases … unless you are not a resident of the state.
Kansas is a great debtor state. Missouri is a creditor state. This makes practice in our border town very interesting. I tell my clients and my staff to walk me through the following questions before I can answer bankruptcy questions. First, is the case Kansas or Missouri? Second, is the case Chapter 7 or Chapter 13? Third, is the case filed? The answers to these questions change my advice.
Why is Kansas a debtor state? Because the exemptions are very good for debtors in Kansas, so it is a good place to be a debtor. The exemption for cars/trucks is $20,000 per car per debtor. Compared with Missouri’s cars/trucks exemption is only $3,000 per debtor per car. In Kansas, the household goods exemption is all of the furniture, clothing, heating fuel that you and your family need for the next year. In Missouri, the household good exemption is $3,000 per debtor. The crazy part is there is no exemption for cash in Kansas. Missouri has a wild card exemption and exemptions for each child under the age of 18 and head of house hold exemption which can be applied to cash, tax refunds or any thing that they want to exempt. Missouri is a creditor state because it is a good place to be a creditor.
This blog is not intended to give anyone legal advice. See an attorney for legal advice in your case.
If you are looking for an attorney in the Kansas City Area, call our office for an appointment at (816-453-2240) or email us at www.bratcherlaw@yahoo.com. We represent Debtors in Chapter 7 and 13s.
Monday, August 6, 2007
Borrowing Money While in Bankruptcy
First, it is possible to borrow money while you are in Chapter 13. Shocked? Most of my clients are when I first tell them this. Yet, every month we have clients buying new and newer cars/trucks and houses while they are still in bankruptcy. It requires some planning but we do it every month. As a general rule, it is hard to borrow money when you are in your case, but just last week we did some motions for several clients to buy cars/trucks at very good interest rates -- under 8%.
So, how did they do it? First, you have to believe that it is possible. Clients are not bad people or even bad credit risks just because they are in bankruptcy. Many clients just need a little time to get back on their feet. When I was at the CLE in Florida this summer I talked to a mortgage lender who lends to Chapter 13 debtors to help them buy out of their case by refinancing their mortgages. This is not for everyone. But it is the right thing for some people. Check with your attorney (if you are my client schedule an appointment) to see if it is right for you.
To borrow enough money to buy a car/truck are house, in Western District of Missouri and Kansas - Kansas City Bankruptcy Courts we have to have all of the facts for the court -- what they want to buy, how much money is the sales price and how much money is the loan, the interest rate, the monthly payment amount, and the number of months of payments. We put this all in a motion and put the issue before the court. We may ask the Court to rule on the matter without having a hearing. We do this all the time and only a few times do we have to have a hearing.
With my client's permission, I want to tell you about what happened to a client this year. They were in Chapter 13, and they needed to buy a different car/truck. So, they go to the car dealership and pick one out. They tell everyone that they are in bankruptcy and they need to contact their attorney and get permission to borrow. The car dealership tells them at they are wrong. Many of my clients in Missouri get out their trustee's book and see that it says that they need permission and they call us. Good job! My clients call me and they say that man (Mr. Fink, the chapter 13 Trustee( told them at the 341 meeting (meeting of creditors) that they needed to contact their attorney and get an order from the Court. But the car dealerships don't all know anything about bankruptcy. Many of them believe that all my clients need is a note from the Trustee. Well, there is no note to borrow large amounts of funds available from the Trustee's office. (Some amounts may be approved by some Trustees, but not enough to buy a new car or a house.) It takes a court order. We get the Court Orders from a Judge. It requires a motion and maybe a hearing before the court. I have been told by my clients that the car dealerships told them that we were not very good attorneys if we could not get the letter from the Trustee's office to borrow amounts like $10,000. Well, if it could be done we would be doing that. It is faster than drafting the motions and seeking court approval.
Back to my story, in the end the car dealership conceded that they were wrong and it took a court order for my clients to borrow money. This is because the finance companies wanted either an order or a discharge from my clients. So, for all of my clients -- call us and we will work to get you an order to get that new or newer car/truck or a house.
Bye for now,
Susan
So, how did they do it? First, you have to believe that it is possible. Clients are not bad people or even bad credit risks just because they are in bankruptcy. Many clients just need a little time to get back on their feet. When I was at the CLE in Florida this summer I talked to a mortgage lender who lends to Chapter 13 debtors to help them buy out of their case by refinancing their mortgages. This is not for everyone. But it is the right thing for some people. Check with your attorney (if you are my client schedule an appointment) to see if it is right for you.
To borrow enough money to buy a car/truck are house, in Western District of Missouri and Kansas - Kansas City Bankruptcy Courts we have to have all of the facts for the court -- what they want to buy, how much money is the sales price and how much money is the loan, the interest rate, the monthly payment amount, and the number of months of payments. We put this all in a motion and put the issue before the court. We may ask the Court to rule on the matter without having a hearing. We do this all the time and only a few times do we have to have a hearing.
With my client's permission, I want to tell you about what happened to a client this year. They were in Chapter 13, and they needed to buy a different car/truck. So, they go to the car dealership and pick one out. They tell everyone that they are in bankruptcy and they need to contact their attorney and get permission to borrow. The car dealership tells them at they are wrong. Many of my clients in Missouri get out their trustee's book and see that it says that they need permission and they call us. Good job! My clients call me and they say that man (Mr. Fink, the chapter 13 Trustee( told them at the 341 meeting (meeting of creditors) that they needed to contact their attorney and get an order from the Court. But the car dealerships don't all know anything about bankruptcy. Many of them believe that all my clients need is a note from the Trustee. Well, there is no note to borrow large amounts of funds available from the Trustee's office. (Some amounts may be approved by some Trustees, but not enough to buy a new car or a house.) It takes a court order. We get the Court Orders from a Judge. It requires a motion and maybe a hearing before the court. I have been told by my clients that the car dealerships told them that we were not very good attorneys if we could not get the letter from the Trustee's office to borrow amounts like $10,000. Well, if it could be done we would be doing that. It is faster than drafting the motions and seeking court approval.
Back to my story, in the end the car dealership conceded that they were wrong and it took a court order for my clients to borrow money. This is because the finance companies wanted either an order or a discharge from my clients. So, for all of my clients -- call us and we will work to get you an order to get that new or newer car/truck or a house.
Bye for now,
Susan
Saturday, July 28, 2007
New Web Pages and Lien Stripping
I am working a new web site for our business at http://www।bratcherlaw.biz/.
We had a very exciting week। We filed several adversary cases against mortgage companies, and I see more to be filed in the next few weeks. With my client's permission, I hope to bring you some updates as these cases go forward.
We file several different types of cases against mortgage companies. One of the coolest things about bankruptcy law is that you can lien strip second mortgages if they are whole unsecured. I know you are saying what the heck does that mean.
Let's say that a house is worth $100,000. The first mortgage is for $110,000. Then there is a second mortgage (or in Missouri a deed of trust) for $25,000. Lenders are only secured up to the value of the property. So, in this case the first lender is under secured by $10,000. The value of the property is less than the lien by $10,000. Moreover, the second lender has nothing securing their lien. They are unsecured because the property has no value left over from the first lien. So, in a Chapter 13, we can lien strip the second lender. That means that they are treated as an unsecured creditor. It could mean that the second lender will not be able to collect on the mortgage after the discharge and the Debtors still get to keep the house. They would not even have to pay the lien when they sell the house. How cool is that?
We have a big day tomorrow. So, I better sign off. Oh, Jewel have a wonderful and safe trip! Congratulations to the happy couple! Donna: I hope that the new baby arrived safely! Congratulations to the happy new parents!
We had a very exciting week। We filed several adversary cases against mortgage companies, and I see more to be filed in the next few weeks. With my client's permission, I hope to bring you some updates as these cases go forward.
We file several different types of cases against mortgage companies. One of the coolest things about bankruptcy law is that you can lien strip second mortgages if they are whole unsecured. I know you are saying what the heck does that mean.
Let's say that a house is worth $100,000. The first mortgage is for $110,000. Then there is a second mortgage (or in Missouri a deed of trust) for $25,000. Lenders are only secured up to the value of the property. So, in this case the first lender is under secured by $10,000. The value of the property is less than the lien by $10,000. Moreover, the second lender has nothing securing their lien. They are unsecured because the property has no value left over from the first lien. So, in a Chapter 13, we can lien strip the second lender. That means that they are treated as an unsecured creditor. It could mean that the second lender will not be able to collect on the mortgage after the discharge and the Debtors still get to keep the house. They would not even have to pay the lien when they sell the house. How cool is that?
We have a big day tomorrow. So, I better sign off. Oh, Jewel have a wonderful and safe trip! Congratulations to the happy couple! Donna: I hope that the new baby arrived safely! Congratulations to the happy new parents!
Friday, July 27, 2007
Foreclosures
There is nothing like losing your home. After all home ownership is a big American dream. If you receive notice that your home is in foreclosure contact an attorney asap. This past month we have had phone after phone call from people with misinformation about foreclosures. Please don't take legal advice from non-attorneys!
First, in Missouri, foreclosures are easy to do. Moreover, they are very quick. For most deeds of trust (in other states these are often called mortgages), the creditor has to mail the notices certified return receipt requested (is most often required) and publish in the legal newspaper. I have news for my fellow Missouri residences: the creditor does not have to show that the borrower received the letter. They merely have to mail it to the correct address 20 days before the foreclosure. Yes, 20 days! Additionally, real people don't even know about most of the legal newspapers. So, they are unlikely to read it. On the other hand, many of my fellow bankuptcy attorneys write the borrowers to see if they are seeking legal services.
Secondly, in Missouri, foreclosures are hard to undo. I am not saying that we have not had a few foreclosures set aside ... we have. It is always exciting to win this kind of case as it is a long shot for most cases. I have also lost on setting aside a foreclosure ... in part because even though my client's address was wrong it was close enough for the mailman to testify that he delivered mail to my client's address with the wrong street name often. Additionally, the mailman testified that my client did not take their mail out of the mailbox most of the time. If you recieve a certified letter -- go get it and open it. No one can tell you want is in the letter without someone opening the letter and reading it.
There are things that can be done to stop a Missouri foreclosure before it happens or to help someone redeem the house after the sale. Redeem means to get the house back. However, you can't just wait. One of the ways to stop a foreclosure is to file a bankruptcy. When you file bankruptcy for the first time the automatic stay stops foreclosures. (Different rules apply if it is not your first case, seek legal advice to see these different rules and how they apply in your case.) This stops the foreclosure. The Chapter 13 plan deals with the missing house payments and my clients start down the road to their fresh start.
First, let me say that Kansas has better laws for debtors than Missouri does. Foreclosures take longer as it has to go to Court. Judical foreclosure is the most common manner of foreclosure. Second, the law on redemption is much better. The time to redeem is based on many factors and you need to see an attorney for advice on your case. I won't waste your time spelling all of the rules out.
If you receive notice of a foreclosure, you need to sit down and have a talk with yourself and your family. I suggest that you go though the following questions:
1. Do you want to keep the real estate?
2. Do you owe the money? Have you made payments that are not accounted for by the lender?
3. Do you have an equity in the property? (Do you owe less on it that you could sell it for here and now?)
4. Can you make the on-going monthly payments?
5. Can you get current before the sale?
Before the notice of foreclosure, when you are falling behind in the payments is the time to call the lender and try to work something out. I know many people who have been successful in working out with the lender a plan to make up the missing payments. However, if you fall behind in your work-out deal with the lender ... get to an attorney to see your options.
Bankruptcy is a powerful tool. It can help people get back on their feet after getting behind on their bills. However, it takes a lot of work and time. It can stop a foreclosure but it still takes money to make the monthly house payments. With these new adjustable rate mortgages, many of my clients are forced to let the house go back to the lender.
First, in Missouri, foreclosures are easy to do. Moreover, they are very quick. For most deeds of trust (in other states these are often called mortgages), the creditor has to mail the notices certified return receipt requested (is most often required) and publish in the legal newspaper. I have news for my fellow Missouri residences: the creditor does not have to show that the borrower received the letter. They merely have to mail it to the correct address 20 days before the foreclosure. Yes, 20 days! Additionally, real people don't even know about most of the legal newspapers. So, they are unlikely to read it. On the other hand, many of my fellow bankuptcy attorneys write the borrowers to see if they are seeking legal services.
Secondly, in Missouri, foreclosures are hard to undo. I am not saying that we have not had a few foreclosures set aside ... we have. It is always exciting to win this kind of case as it is a long shot for most cases. I have also lost on setting aside a foreclosure ... in part because even though my client's address was wrong it was close enough for the mailman to testify that he delivered mail to my client's address with the wrong street name often. Additionally, the mailman testified that my client did not take their mail out of the mailbox most of the time. If you recieve a certified letter -- go get it and open it. No one can tell you want is in the letter without someone opening the letter and reading it.
There are things that can be done to stop a Missouri foreclosure before it happens or to help someone redeem the house after the sale. Redeem means to get the house back. However, you can't just wait. One of the ways to stop a foreclosure is to file a bankruptcy. When you file bankruptcy for the first time the automatic stay stops foreclosures. (Different rules apply if it is not your first case, seek legal advice to see these different rules and how they apply in your case.) This stops the foreclosure. The Chapter 13 plan deals with the missing house payments and my clients start down the road to their fresh start.
First, let me say that Kansas has better laws for debtors than Missouri does. Foreclosures take longer as it has to go to Court. Judical foreclosure is the most common manner of foreclosure. Second, the law on redemption is much better. The time to redeem is based on many factors and you need to see an attorney for advice on your case. I won't waste your time spelling all of the rules out.
If you receive notice of a foreclosure, you need to sit down and have a talk with yourself and your family. I suggest that you go though the following questions:
1. Do you want to keep the real estate?
2. Do you owe the money? Have you made payments that are not accounted for by the lender?
3. Do you have an equity in the property? (Do you owe less on it that you could sell it for here and now?)
4. Can you make the on-going monthly payments?
5. Can you get current before the sale?
Before the notice of foreclosure, when you are falling behind in the payments is the time to call the lender and try to work something out. I know many people who have been successful in working out with the lender a plan to make up the missing payments. However, if you fall behind in your work-out deal with the lender ... get to an attorney to see your options.
Bankruptcy is a powerful tool. It can help people get back on their feet after getting behind on their bills. However, it takes a lot of work and time. It can stop a foreclosure but it still takes money to make the monthly house payments. With these new adjustable rate mortgages, many of my clients are forced to let the house go back to the lender.
Wednesday, July 25, 2007
Helpful Links
I wanted to link to www.chfpatients.com because it saved my husband's life. Jon, the host of chfpatients.com, is wonderful. My husband has CHF, and I really didn't know anything about it before I found Jon's cite. Before my husband became ill, he was a fire fighter at a very busy firehouse. Then, he caught was seemed to be a cold and it hung on. He went to the doctor's office 3 times before they found that his heart was enlarged and beating out of sync. My mom pushed me to keep looking for answers and try to understand what the heck was going on with my husband. She knew that I really needed to get my head around what the doctors were really not saying. Without Jon's hard work, I don't know if my husband would be alive today.
Many of my clients are in my office looking for help because someone -- their spouse, their parents or their children are ill. It is the biggest reason people come into my office to try to get control of their financial lives ... because their house is in foreclosure or a law suit or the creditor is coming to pick up their car/truck. Talking to an attorney gives them the information that they need to see what they can do. Some clients have had such a change of circumstances that they have to pick between: cars and houses. More than a few clients have decided to let some of their property go back to the creditor. This is never easy and it requires information.
The other link that we have added is to Angel Food. Please look at it if you need help with your budget. For many people it is the difference between having good food to feed their families and going hungry. It is a God send to everyone that uses it. It can make a difference in your life. Take a look at it. The food is wonderful and the people are very good to work with.
I will be adding the immigration software link in the next few weeks. I have too many cases in process just now to add it this week.
Bye for now,
Susan Bratcher
Many of my clients are in my office looking for help because someone -- their spouse, their parents or their children are ill. It is the biggest reason people come into my office to try to get control of their financial lives ... because their house is in foreclosure or a law suit or the creditor is coming to pick up their car/truck. Talking to an attorney gives them the information that they need to see what they can do. Some clients have had such a change of circumstances that they have to pick between: cars and houses. More than a few clients have decided to let some of their property go back to the creditor. This is never easy and it requires information.
The other link that we have added is to Angel Food. Please look at it if you need help with your budget. For many people it is the difference between having good food to feed their families and going hungry. It is a God send to everyone that uses it. It can make a difference in your life. Take a look at it. The food is wonderful and the people are very good to work with.
I will be adding the immigration software link in the next few weeks. I have too many cases in process just now to add it this week.
Bye for now,
Susan Bratcher
Monday, July 23, 2007
Stop My Bills.Com
Few months ago, my friend and typist left her job at my office. I miss her still, but it gave us the opportunity to try some new ways of doing things in the office. One of the things that we changed is very exciting. Our clients can do on-line intake at http://www.stopmybills.com/ at home before they come into the office. We can print out the on-line intake and review it with them at the first visit
In the past, it took clients 1 to 2 hours to merely fill out the paperwork in the office. Now, my clients or possible clients complete the on-line in-take at home. They have more flexibility to start and stop and re-start. I know that it is easier to type at home with all my papers around me that it is to hand write the answers. Also, we don't have to try to read every one's handwriting.
So, we have clients go to http://www.stopmybills.com/ and enter my ID: Sbratcherlaw. We receive an email that they have completed the intake. It is very exciting. I have documents that I can review at the first appointment. Just like at a doctor's office the more I know about the facts (within reason) the better advice I can give my clients.
Also, the information imports into the bankruptcy software. That means that we are spending more time editing rather than re-typing all of the information. Oh, just a hint for my clients ... please don't use all capital letters. It is like the information is being screamed at us. Thanks!
Bye for now,
Susan
In the past, it took clients 1 to 2 hours to merely fill out the paperwork in the office. Now, my clients or possible clients complete the on-line in-take at home. They have more flexibility to start and stop and re-start. I know that it is easier to type at home with all my papers around me that it is to hand write the answers. Also, we don't have to try to read every one's handwriting.
So, we have clients go to http://www.stopmybills.com/ and enter my ID: Sbratcherlaw. We receive an email that they have completed the intake. It is very exciting. I have documents that I can review at the first appointment. Just like at a doctor's office the more I know about the facts (within reason) the better advice I can give my clients.
Also, the information imports into the bankruptcy software. That means that we are spending more time editing rather than re-typing all of the information. Oh, just a hint for my clients ... please don't use all capital letters. It is like the information is being screamed at us. Thanks!
Bye for now,
Susan
Sunday, July 22, 2007
Seek an attorney for legal advice.
I was re-reading my first post, and I don't think that I was clear. My point was: if you thinking about filing for bankruptcy call an attorney for advice. Don't rely on non-attorneys to give you legal advice ... please, please, please.
Most attorneys (in my part of the world) offer the first 1/2 hour for free on bankruptcy cases.
Lately, I have been meeting with clients, who have waited to come in to see us. We could have done more for them if we would have seen them a few months ago. In many cases, non-attorneys have given them incorrect information.
Practicing law is hard for attorneys, and I think that it is nearly impossible for non-attorneys.
My first day of law school at SMU (yes, in the big D), my property professor taught us the answer to all legal questions is "it depends." That is still true today for every issue.
Most attorneys (in my part of the world) offer the first 1/2 hour for free on bankruptcy cases.
Lately, I have been meeting with clients, who have waited to come in to see us. We could have done more for them if we would have seen them a few months ago. In many cases, non-attorneys have given them incorrect information.
Practicing law is hard for attorneys, and I think that it is nearly impossible for non-attorneys.
My first day of law school at SMU (yes, in the big D), my property professor taught us the answer to all legal questions is "it depends." That is still true today for every issue.
Just Starting
Welcome to my new blog. I will be inviting my friends, family, and clients to take part. Please keep in mind that this is not private and everything on here is out there for anyone in the world to see it.
I have a small (two attorney) law office. Tom and I are the attorneys. I have a great staff: Beth is the office manager. Margie has been with us for about 3 years. Donna has worked for me on and off. I really don't know how long. Jewel just started this summer. My son also helps us out. He is in college.
One key part of our practice is bankruptcy law. We have been representing debtors for over 10 years. Things are still very tough out there for many people. Bankruptcy is not easy for anyone to do. Most clients have tried everything that they could do before coming in to see us. Additionally, creditors and collectors have been telling clients that they cannot file. I really don't know when they went to law school and pasted the bar. It takes people years to become an attorney (3 years for most law schools and then they have to pass the bar). Even then you don't know very much about any area of the law unless you have some practical training. Bankruptcy law, like every other area of the law, is not learned over night. I worked hard to learn what I know. There is nothing like experience to learn. Not to mention all of the classes that I have taken on just bankruptcy. Tom was an attorney on the other side of the cases. He worked representing creditors for years. He is wonderful to have on our client's side.
Well, I am getting off my soap box.
Have a great day!
I have a small (two attorney) law office. Tom and I are the attorneys. I have a great staff: Beth is the office manager. Margie has been with us for about 3 years. Donna has worked for me on and off. I really don't know how long. Jewel just started this summer. My son also helps us out. He is in college.
One key part of our practice is bankruptcy law. We have been representing debtors for over 10 years. Things are still very tough out there for many people. Bankruptcy is not easy for anyone to do. Most clients have tried everything that they could do before coming in to see us. Additionally, creditors and collectors have been telling clients that they cannot file. I really don't know when they went to law school and pasted the bar. It takes people years to become an attorney (3 years for most law schools and then they have to pass the bar). Even then you don't know very much about any area of the law unless you have some practical training. Bankruptcy law, like every other area of the law, is not learned over night. I worked hard to learn what I know. There is nothing like experience to learn. Not to mention all of the classes that I have taken on just bankruptcy. Tom was an attorney on the other side of the cases. He worked representing creditors for years. He is wonderful to have on our client's side.
Well, I am getting off my soap box.
Have a great day!
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