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
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.