Rule of Law

A Dream Job

A Dream Job   I love what I do. Intervening on behalf of my clients in tax audits, or helping people shed crippling debt, allows me to (1) draw on prior professional experience at the IRS and elsewhere, (2) use my detective and people skills in finding and negotiating with the right auditors and revenue […]

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Why I try not to do loan modifications The following commentary is from Hale Antico, a local bankruptcy attorney colleague: Bank of America’s mortgage servicing unit systematically lied to homeowners, fraudulently denied loan modifications, and paid their staff bonuses for deliberately pushing people into foreclosure: Yes, these allegations were suspected by any homeowner who ever had to deal with the bank to […]

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“You Had Me at Discharge”

There’s an almost rapturous feeling that my clients feel when they hear “discharged” about their debts in a Chapter 7 bankruptcy case. It’s a feeling like that which Renee Zellweger’s Dorothy Boyd feels in Jerry Maguire when Tom Cruise’s Jerry finally admits he loves her. However, Tom’s character is the ultimate fantasy – a fairy […]

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Disclosing information

Attorneys often try to hide a client’s information, and disclose as little as possible about the client. This strategy sometimes has comical effects, as in this exchange I heard in a deposition: “Q:       Do you remember where the main office for Gas del Lagarto  was located? A:         Even though I was the officer and president […]

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The Rule of Law

Here is an op-ed article that describes why I like being a lawyer. I like civilization.  I like having a house, a car, access to food, a circle of friends, and the daily expectation that this unlikely to go away soon.  I like having a profession to work in that is reasonably predictable, so I […]

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Unethical collection actions

In the cat-and-mouse game between debtors and creditors, it’s no surprise that there are dishonest debt-collection groups.  This article mentions Brachfeld Law Group: we interact often with this collector.  I generally find them ethical, although I have seen them go out of the bounds of legal and ethical propriety.  They can get away with a […]

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Bankruptcy: a moral option

Many clients feel shame about filing for bankruptcy protection. I can tell because they tell me repeatedly that they never thought they would be talking to a lawyer about bankruptcy, or that they fully intended to and still intend to pay their debts. “I’m not really like this,” I will hear, or “I always paid […]

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Can I keep my car in bankruptcy?

California and federal law allows a person to bring some assets through bankruptcy, by allowing exemptions. We the people want citizens to be able to make a fresh start without needing to go begging on the streets; but if we are going to stiff creditors, we don’t want the debtors to gorge on expensive assets […]

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Bankruptcy and the self-employed worker

Self-employed persons face special challenges in filing bankruptcy. When I hear that a potential debtor has a business, a slew of questions come up: is the business incorporated, a partnership, or a sole proprietorship? Does the debtor want to reorganize and continue, or just let the business fold? Is the business a service business catering […]

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Keeping your house in bankruptcy

I mainly practice in bankruptcy law. I hope to start a blog that includes articles about issues in bankruptcy law and cases I’ve had. I start with a simple question that I get a lot from potential clients: Can I keep my house in bankruptcy? My very-lawyerly answer? “It depends.” Usually the debtor can keep […]

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