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Thought for the day Archive

 

Thought for the day Archive

 

1/12

Hoping all our clients and business associates have a wonderful holiday season and a much better new year.

12/11

Does it really make a difference which attorney you hire?  Can you afford the one of the best bankruptcy attorneys?  I continue to get cases filed by other attorneys who abandon clients after problems arise, then I have to charge much more to fix the problems than I would if I had been hired first, and done the case right.  Yes, it makes a difference.  Thinks to look for: 1) is the attorney board certified?  2) How much time does the attorney take with you at the initial appointment (do you even meet with the attorney or a paralegal)?  3) Does the attorney explain the process to you and make sure you understand what the choices are and what is happening? 4) is the attorney rated with the BBB or other similar organization?  5) does the attorney have a legal analysis site of current cases?

 

10/15/11

The Filing fee for bankruptcies is increasing effective November 1, 2011.  The new fees are $306 for a chapter 7, $281 for a chapter 13, $246 for a chapter 12, and $1,046 for a chapter 11 filing.  These are the court fees, and do not include the attorneys fee, the credit report fee, or the credit counseling fee.

10/11

The Tampa Bankruptcy Courts are now instituting a mortgage modification mediation program similar to one instituted previously in the Orlando Courts.  The Orlando program has a success rate of 76% of clients being offered a modification (of completed mediations) compared with a success rate in foreclosure mediation of approximately 4%.  While the mortgages will generally not reduce the principal balance owed, the interest rates may be reduced as low as 2%.  Please set an appointment if you wish to discuss this option with us.

 

9/11

Why you should never hire an attorney who is willing to give you a free telephone consultation: 

Bar ethics rules requires attorneys to check whether they have a conflict of interest prior to giving any advice about your case, so a conflict check must be run prior to giving advice.  Also, §547 requires written disclosures to all potential clients within 3 days of first offering to provide bankruptcy assistance, and a signed contract, even before the person hires the firm, within 5 days of first providing any assistance.  Assistance includes advice about filing.  So attorneys giving advice over the phone without a signed contract are either ignorant of the law, or intentionally violating it.

 

8/11

Our thoughts and prayers for the families and friends of the victims in Norway.

5/11

There is now more total debt on student loans in the US than on credit cards.  While it is difficult to eliminate student loan debt in bankruptcy, there are non-bankruptcy alternatives which we can help with.  Set an appointment to discuss these with us.

3/11

With so many cases filed by the bankruptcy mills, whose advertisements you see everywhere, I get more and more complaints by clients that hired them, only to have problems. The most recent case the firm simply failed to file the case when they were supposed to, indicating that his case was less important, resulting in a delay which may have been part of the cause of later problems in the case.  Beware of filing with bankruptcy mills or attorneys inexperienced with bankruptcy.

1/11

In this new year I resolve to treat each of my clients just as I would want to be treated, and try to insure every client gets a fresh start for their finances.

10/10

I recently spoke to a chapter 7 trustee that said he has an average of two attorneys a month appear before him that have no bankruptcy experience.  With the increase in the filings of bankruptcies, there have been a huge increase in attorneys taking on new bankruptcy cases, many with very little experience or  in 'bankruptcy mills', which, like the foreclosure mills in the news, take shortcuts to spend as little time as possible on each case.  Both factors often end up hurting the client, by not knowing or fully and adequately explaining the options and risks to the client.

8/10

How to choose a debt lawyer:

When you hire a bankruptcy attorney, you are paying for the attorneys time and expertise.  If when you go in for your appointment and you spend most of the time with a paralegal, you are getting shortchanged.  If the attorney you speak with has not been doing bankruptcy very long, and has limited experience, you are getting shortchanged.  Get your money's worth and employ an attorney who takes the time to find out what your situation is, and to explain your options.

 

6/10

When the number of bankruptcies filed went up substantially in the last couple of years, many more attorneys started getting into the field.  This makes it much more important to be careful what attorney you hire.

How to choose a bankruptcy attorney (debt attorney):

1.  See if they are board certified, and how long they have been board certified.

2.  See if the attorney you meet with is the attorney who personally handles your case and will meet you in Court.

3.  See if you have to go through an automatic phone system before you speak to a real person.

4.  See how many cases the firm handles, a high volume of cases means that the attorney has minimal time to spend on each case.

5.  Check the Martindale-Hubbell lawyer rating.

6. Check whether there are any bar complaints filed against the attorney.

 

 

3/10

... for our houses are such unwieldy property that we are often imprisoned in them; and that the bad neighborhood to be avoided is our own scurvy selves.

Walden, Life in the Woods, by Henry David Thoreau  1854.

 

12/09

What children really want for Christmas is just the company of their loved ones and to see the holiday spirit in their family.   There is no need to overspend for the holiday.

11/09

The debt collectors that bring in the most money are those that violate debt collection laws the most.  The best way to stop collector abuse is to sue the employers of the debt collectors for violations of the debt collection laws.

 

10/09

Bankruptcy was designed not just to help those who need to file for relief, but to help society as a whole by returning persons burdened with too much debt to productive members of the economic community

1/09

The best way to rob a bank is to own it...

Apparently owning a bank is also the best way to rob the American public.

12/08

Taxes: of life's two certainties, the only one for which you can get an automatic extension

11/25/08

The economy is a bit like the weather in Florida, wait a bit and it will always change.  Just on a much longer cycle.

11/08

The rich can afford to pay for lobbying to reduce their taxes, without a constituency able to afford lobbying for the general consumer community, it is always an uphill battle to keep laws fair to the general public.  The best tool at your disposal to keep laws fair is to exercise your right to vote.

2006-08

The new bankruptcy law was so poorly designed that it often has the opposite effect from that intended by its creditor-industry authors.  However, the uncertainty engendered by such poor drafting makes it especially important to obtain counsel very familiar with the law and cases thereon.

12/15/05 You have to wonder if it is as difficult to remove a M-16 assault rifle or a rocket launcher from its packaging as it is to remove a Barbie doll from its packaging.

12/ 1/05 An attorney's knowledge of the law and the cases that interpret it is his arsenal for battle.

11/23/05  Unfortunately, it is easier to teach new tricks to a young possum than an old cat.  Keep in mind when installing new cat doors.

11/15/05   People having to use Dialysis machines due to kidney problems go through every day thirsty but not allowed to quench their thirst; and have much shorter life expectancy.  Just one more reason to sign up as an organ donor.  Sign up Here.

10/30/05  Who needs ghosts and goblins when we have a Congress that can pass bankruptcy reform laws like this

10/15/05  Enjoy the good in life like a dog enjoys life, Luxuriate in sleep like a cat.

9/15/05 It is too bad that it takes a disaster such as Katrina to make us appreciate what we have.

7/16/05  Drive carefully, schools are back in session.

7/05/05  Any person or business that keeps telling you they are telling the truth or asking you to believe them, is less likely to be honest.  Honest persons naturally assume they will be believed.

6/30/05  A thoughtful, rational response is always better than angry retaliation.

6/15/05     Our children are our future.  When raising a child, you are creating our future.


6/1/05  Our debts will never be so large that we will not be able to say one million dollars should take care of it.   Donald Trump could not always say that.