Chapter 7 and 13 Bankruptcy Blog

– Victoria Ring, Colorado Bankruptcy Training

For those of you just entering the field of debtor bankruptcy, this article will be very helpful to you because it addresses a very common problem that occurs when working with debtors.  The common problem is that debtors want their cake and eat it too. This statement may sound a little harsh but allow me to explain:

I am finding that many new attorneys entering the bankruptcy field do not have the training to screen their clients before sending us the petitions for input.  One of the easiest methods for an attorney to screen their clients is to find out how much equity is in their home before taking the case. During the intake it only takes a minute or two to find out approximately how much the debtors owe on their mortgage.  Then, while the client is still in the office, go to a computer and do a search on www.zillow.com.  Although Zillow is certainly not a court authority by any stretch of the imagination, it will tell you immediately the approximate amount of unexempt equity the debtor may have.

For example: I had a case today for a California debtor who had just divorced. There was $200,000 of equity in the home.  Since the debtor was divorced, he only had to claim $100,000 of this equity.  Under the 704 California exemptions, the debtor was provided with a healthy $75,000, leaving him with $25,000 that was UNEXEMPT.  Was the debtor happy about the $75,000 exemption?  Of course not.  The debtor was angry because he wanted to keep the $25,000 plus have all his debts excused.  Although most debtors may not realize it at the time, in reality they are being unfair and asking the attorney to commit fraud by making this selfish demand.

Unfortunately, most of the new bankruptcy attorneys that I work with do not understand the bankruptcy law well enough to properly advise their client.  Instead, they accept the case, have the client fill out the intake forms, pay the fees and send the paperwork to my team.  We input the petition and discover the problem with the equity in the home.  By this time, the attorney has invested his or her time, the debtor has spent several hours gathering information and we have worked inputting the case.  When we discover this problem we alert the attorney, the attorney talks to the client and the debtor decides not file bankruptcy.  The attorney is forced to refund some of the money because the attorney did not know how to properly explain the advantages to the debtor of filing a Chapter 13 instead.  In fact, if the attorney had called to discuss this case with me, I could have taught him how to turn this unhappy client from a Chapter 7 to a positive Chapter 13 because I deal with these issues all the time.

For example, this particular debtor had $38,000 in Schedule F debts and $25,000 of unexempt equity in his home.  The debtor did not want to surrender his interest in the property because he wanted to make sure his ex-wife and children had a home to live in.  This is admirable, but the court and creditors look at numbers because they are not emotionally tied to debtors. New attorneys must learn these types of skills so they can help the debtor understand why it may or may not be to their advantage to file bankruptcy at this time.

But for the particular debtor in our scenario, it would have been to his advantage to file a Chapter 13.  First of all, we could have proposed a 100% Plan which would have more than likely protected the $25,000 of unexempt equity.  Secondly, the Chapter 13 would have eliminated $73,000 in interest charges over the 5 year Plan period, the debtor would have paid off his student loan in full as well as the unpaid personal income taxes from 2002.  By presenting these positive factors to the debtor, the attorney may have saved this case and never had to refund money.  Plus the debtor would be happier once he understood the advantages.

(Note:  A key to good marketing is to point out advantages for the client.  If you can show a client how much money you can save them and how, they often will do whatever is necessary to comply with your requests and invest their time and money making it happen.  This is what makes a happy client and this is what generates referrals.)

But in this case, the attorney did not call to discuss the matter with me.  He simply told the client that he would have to pay $25,000 or lose his home.  This naturally scared the debtor to death and he decided not to file. Who can blame him?

It amazes me when things like this happen; and they happen quite frequently.  In fact, it may be shocking to you also.  I hope so, because I want this article to be shocking enough to help to prevent this from happening to you.  Also, please understand that this article is not intended in any manner to provide legal advice.  I am not an attorney and I am not trying to predict what a bankruptcy court to do by writing this article.  I am simply trying to help you understand the concept of fairness so you will know how to better deal with situations exactly like this in the future.

I wish you the best of success and encourage you to continue learning and working hard to protect the debtor; but in a fair and balanced way.

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– by Victoria Ring, Colorado Bankruptcy Training

In the old days (not long ago) when a person decided to file bankruptcy they normally really needed to file bankruptcy.  But today, a large number of cases are filed with the fraudulent intention of taking advantage of the bankruptcy system and it is up to every one of us working in this field to do our part to protect the system or we risk even more regulations and hoops to jump through.

The best way to accomplish this goal is to demand that debtors provide verifiable documentation about their income for the past six months.  During the last month I have witnessed four cases involving debtors who claim to work as a 1099 employee but they have no verification of income and expenses to back up their statements.  When confronted for additional data, normally the debtor (who is trying to hide something) will give the attorney and their staff conflicting stories.

One attorney we helped this past week told us that the debtor had given him 100 different stories.  The attorney wanted us to call the debtor and see if we could get the truth.  First of all the debtor would not answer the phone and gave the excuse that he avoided phone calls because of credit collectors.  Note:  Don’t fall for this. The debtor knew he was filing bankruptcy and that his attorney will need to get in touch with him during the process.  In my experience, debtors avoid phone calls because they: (1) Are too paranoid to face their problems and want to forget about them; or (2) They are hiding something and need time to think up a good excuse.  (Please understand that I am not trying to be harsh.  I am just stating facts.)

In all case scenarios we worked on this past week, the debtors were required to provide six months of income statements.  Of course 1099-employees do not receive a paycheck from an employer, but they must have some type of accounting system to show the income and expenses for their business.  If they do not, something is odd.   Keep in mind, that some debtors will tell you that they do not keep records to avoid providing you with information about their actual income, so you need to go a step further.  You need to get the debtors to provide you with a Profit and Loss statement for their business, regardless of whether they have one or not.  They can write one up and provide to their attorney.  And the income figures the debtors provide need to match the bank deposits from their business and personal checking accounts.  If not, creditor objections are very probable.

That’s right.  You need BOTH the business and personal checking account statements for the past six (6) months; and if you want to go an extra step, compare the figures with the IRS Income Taxes that were filed the year before.  Of course these figures may not be exact, but comparing them will often allow you to determine if the debtor is providing you with fraudulent data in an effort to hide their income.  For example:  If the IRS Tax Forms that were filed in 2009 showed a loss of $20,000, and the 2010 bank statements show the debtors are depositing $5,000 a month; something is wrong.  A business does not normally operate an entire year, go in the red $20,000 and suddenly make $5,000 every month.

Use logic in your analysis of the data the debtor provides whether you are an attorney or working for an attorney.  Doing so will protect the attorney, fulfill due diligence and protect the system from fraudulent debtors.

Visit us online at: http://www.coloradobankruptcytraining.com

DEAR VICTORIA

I would love to enroll in your Chapter 7 class starting on July 5, but I may not be able to attend all the classes.  Do you give credit for any classes that I miss?

REPLY

Yes, when you enroll, any classes that you miss will be credited to you.  We will assess this on a case-by-case basis, depending on the number of classes you missed compared to the number of classes you were able to attend.  However, regardless of the outcome, you will receive full credit for all the classes when you enroll.

To enroll for the first class beginning on July 5, visit: http://www.bankruptcytrainingproducts.com/home/web-and-teleconference-training DEAR VICTORIA I had a question regarding illegal immigrants. I have a pro bono client that has been using a made up social security number for 10 years. He just informed me that the social is not valid and he is in the country illegally. Under the federal rules there is no explicit law stating that he has to be a citizen however I know at the 341 meeting they will ask for a valid social security card. Any thoughts?

REPLY

An illegal alien cannot file bankruptcy. To be truthful, I would immediately report this person to the authorities.  I personally think what this client is asking of the United States is a total outrage and I encourage you to get him or her out of your life immediately.  People like this do nothing but cause havoc within the system because they have spent years taking advantage of the United States.  This illegal client should have obeyed our laws and got a green card many years ago.

Again, I think this is an outrage and total abuse of the system if this client can even conceive trying to take advantage of our laws simply because he cannot pay his bills.  I doubt he ever paid taxes to the United States because he worked illegally in our country for 10 years and now he wants more?  This is not fair, let alone right!!!

RESPONSE FROM ATTORNEY

Thank you. I completely agree with you. I received the client from a public law center in Orange County that was supposed to prescreen clients. The client gave me his phony social and then called me a week later to inform me that it was made up.  I was not sure if I had a legal obligation to continue to represent him however I actually just spoke to him and informed him that I have to withdraw and that he is committing fraud. It is amazing how long he was able to use a false social for employment and credit. Again thanks for your help.

SUMMARY FROM VICTORIA

Back in the old days when someone went to an attorney to file bankruptcy, they normally needed to file bankruptcy.  It was not a wonderful thing to do.  Most people felt very bad that they had to file.  But today, people look for loop holes in the bankruptcy law so they can take advantage of the system.  This is sad, and it means that honest people need to get wise in order to prevent as much fraud as possible.  If we do not fight for the prevention of fraud, the innocent people will suffer.

One way to prevent fraud is to use the tips in my latest video, which you can view online at: http://www.youtube.com/watch?v=oInwBLMGvKA

DEAR VICTORIA

A little over a decade ago, attorneys were not permitted to advertise.  But today, attorneys have the right to do so.  The problem is that many attorneys have no clue about marketing.  Is this a subject you teach?

REPLY

I incorporate marketing skills training when I set up operational procedures for law firms.  It is my personal belief that marketing needs to be a part of the day-to-day life inside the law firm.  From the person who answers the telephone to the attorney sending an email to the client; all methods of marketing must be implemented in order for them all to work together for the benefit of the law firm.  In this manner, marketing is free or very low-cost.  Personally, I do not think it is a good idea to pay others to market your website.  With all the fraudulent marketing schemes out there; it is more advantageous to do the job yourself and control the entire operation.  This way you can also fine tune your law firm income and adjust methods as necessary.  No hired marketing firm is going to do that or care that much for your law firm.

MONEY-SAVING LINKS TO HELP YOU

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Helpful Links When Preparing Bankruptcy Petitions http://www.bankruptcylinks.info/about/prepare-petitions Prequalify Your Debtors with the Initial Intake Form Product http://www.bankruptcytrainingproducts.com/home/initial-intake

If the video does not automatically appear in the area above, click here: http://www.youtube.com/watch?v=oInwBLMGvKA

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a lesson in client intake interviews and conflicting information

For the three weeks I have been working on one particular bankruptcy case.  Why is it taking so long?  The clients have been very difficult to interview and the husband and wife keep providing conflicting information.  Therefore, I decided to write this article to help you when you face the same problems, if you have not encountered them already.

The petition began like any other normal petition.  I entered the initial data into the bankruptcy software and compiled a list of questions to ask the clients.  When I called the client back I discovered the phone number the attorney provided was her work phone, so I apologized for the interruption and set up an appointment to talk with her after hours when she was at home.

The first problem I encountered was the inability to understand the clients due to their heavy Pilipino accent.  However, I did my best to get the answers to some of the questions.  For other questions, the wife handed the phone to her husband and I tried to communicate with him the best I could.  However, the husband could not understand who I was and was very reluctant to talk with me.  I had no choice at this time but to end the interview, let the attorney know my dilemma and ask him how he wanted me to proceed.

It took approximately 2 weeks before the attorney had the opportunity to talk with the clients and inform them of my role.  I was instructed by the attorney to call the clients and finish the interview.  Hint:  If you are an attorney, you should always let your clients know the names of people who may call them to obtain information.  This way you save a lot of time for your office and staff as well as confusion for your client.

Finally, after leaving voice mails for the clients and eventually getting in touch with them for a second interview, I was able to conduct 80% of the interview in about 2 hours time.  The reason I was unable to complete the interview is detailed in my notes to the attorney which are provided below.  However, the debtor(s) did nothing but hurt themselves by refusing to provide me with the crucial information I needed.  Now the attorney has to spend time getting it before we file the petition.  So eventually, they will have to answer the questions whether they want to or not.

When you encounter situations like this, it does not always mean that the debtor(s) are committing fraud or trying to be fraudulent in their answers.  Instead, some clients are reluctatant to answer questions because they are afraid it could get them in trouble, so they ask you or me to answer the questions for them.

For example: in one part of my conversation with the debtor, I asked him how much his family spent per month in food.  He said they spent $6,000.  You and I both know that this amount is too extreme and overinflated.  The IRS allowance for this family of 4 is only $1,370, so I immediately knew that this would not pass through the bankruptcy court without problems.  I told the debtor that $6,000 was much higher than the IRS allowance and that I needed a more realistic figure.  The debtor told me to make up any number that I needed to.  I told him that if I did, I would be committing unauthorized practice of law.  The debtor needed to provide me with a figure and that figure could not be $6,000.

But instead of trying to be sensible, the debtor became upset and started playing mind games.  He told me to try $5,000; but I told him this was too high.  Next he told me to try $4,500.  This immediately told me he was playing games and had no intention of providing me with an accurate figure to reflect his own household budget.  It was at this point that I stopped playing the game and told the debtor that he could discuss the matter with his attorney.

Remember: As a non-attorney, you should do everything you can (within your scope of power) to obtain the information you need to compile a well-detailed bankruptcy petition.  If the client refuses to provide that information or cooperate with you, do the best you can to get as much information as you can, then document details of the interview (as I have done below) and turn the matter over to your attorney. Ask your attorney how they want you to move forward and wait on their instruction.

MY NOTES TO THE ATTORNEY REGARDING THIS CASE provided for training purposes only

STUDENT LOAN ISSUES

From what I can understand, the clients have 2 sons with 2 separate student loans.  The first son (who is 21) has a student loan with Great Lakes for which the debtor co-signed.  This means that the debtor may need to start paying $300 per month for this student loan debt beginning in June 2010.

However, debtor claims that these are his student loans; however, he acknowledges that he did NOT attend school.  Because debtor did not attend school, the student loans must be in the name of the son who did attend.  I am sure that Great Lakes had to place the student loan in the name of the student, not the parent.  Yet, debtor says that I am totally wrong and became very upset.

Bottom line: We do not care if debtor wants to pay the student loan for his son who is able to work and pay his own debt; my ONLY concern is if the Chapter 7 bankruptcy will be over in order time to allow for this $300 monthly payment.  By allowing for this $300 monthly payment, Debtor’s income could be reduced on Schedule I; but the expense may not even be allowed by the court since the debt does not belong to debtor.  This is the part the debtor is not able to understand.  I do not believe the loan is solely in his name and that his son is the only one responsible for it; but if I am wrong, please let me know.

Since debtor is unable to clarify this information and provide me with a suitable explanation, I have NOT listed these loans since they are currently NOT due and at this point, are not in default and not the responsibility of the debtor(s).

DEPENDENT ALLOWANCE

The debtor(s) currently have both sons living with them.  One son is 21 and the wife said he has a job; however, the husband said he is still looking for a job.  The problem is, the 21 year old is NOT in school and therefore may not qualify as a dependent on the bankruptcy petition regardless of whether he is working or not.

However, the second son, who is 20 years old, is still in college and will not be graduating until 2012. Again, the student loan would not even be due until this date, yet debtor said he wants to plan ahead and include the amount in his bankruptcy.  In fact, he got angry because I told him the court may not allow for this student loan repayment and therefore I was not placing it on Schedule J unless the attorney advised me otherwise.  I tried over and over again to explain to the client that we were only concerned with TODAY not tomorrow; yet, he became more agitated and upset with me.

Therefore, I listed both sons on Schedule I but the attorney may receive objection from the trustee.  Hopefully the trustee will allow the son who is still going to college as a dependent but it cannot be guaranteed.  The clients both need to get their stories straight before they go to court.  You may want to counsel them only to say YES and NO and not to start telling stories since their stories are always conflicting.

GE MONEY BANK DEBT

The debtor(s) listed on their client intake forms that they had a debt owed to GE Money Bank in the amount of $6,194.47 but it was a credit card.  Since the account number they provided was not a credit card number, I talked with them about it.

I discovered that the debt was SECURE because they purchased 4 television sets.  However, the debtor was unable to describe the TVs to me.  I cannot believe that 4 televisions are worth over $6,000 unless they are of a better quality than the $800 the debtor claims.  First he told me the televisions were very OLD (but would not tell me how old).  Next he told me he owed GE Money Bank $3,000 but added some more stuff in January (less than 90 days ago) that brought the total to $6,000.  When I asked him what items he had previously purchased for the original $3,000 debt, he said it was for the television sets.  When I asked him what he purchased in January, he again said it was the television sets.

This conversation continued like this for almost 15 minutes and I tried every way to try and help the debtor understand that I needed a complete inventory of the GE Money Bank debt but he kept giving me conflicting information.

My thoughts: Since this debt is such a touchy subject, debtor may have purchased these items less than 90 days ago because he knew he was filing bankruptcy.  As you know, any debt made within the past 90 days could be subject to non-discharge and the clients may have to pay this debt or give up the televisions.

Please find out:

1.   A complete inventory of everything included in the $6,194.47 debt 2.   A complete inventory of any purchases made to GE Money Bank within the past 90 days, which includes January. 3.   A complete description (brand name and size of screen) for each television set 4.   The monthly payment made to GE Money Bank 5.   Are they behind in payments?  If so, which months? 6.   Do they plan to catch up the back payments or surrender the televisions?

THE RECENT FINE FOR SPEEDING TICKET

In general conversation debtor mentioned that he has a court appearance set for March 23 to appear for a speeding ticket.  When I tried to find out about the ticket the debtor refused to go into detail. The only information I could pull from him was the court date and the amount of the fine, which is $332.  I did a search online through PACER as well as the Los Angeles Traffic Court but I could not locate any records on this traffic violation.

Debtor stated that he already paid the fine but still he needed to appear in court.  I suggest you check this out.  If the $332 was the entire fine paid in full, it needs noted on the bankruptcy petition. If the $332 is only a partial payment, I need to know that also.  Additionally, I need to know the:

1.   Case number 2.   Case caption 3.   Parties in the case 4.   Date of ticket 5.   Name and address of the court handling this matter

ADDITIONAL QUESTIONS

Debtor could not tell me if he was behind in payments on the 2002 BMW.  If he is behind, he will need to catch up those payments before the 341 Meeting or a potential objection could be challenged by the creditor since this case will more than likely be a Chapter 7.  In the petition we have asked the creditor to accept a LOWER monthly payment as well as a CRAM DOWN.  The original amount owed was $14,474 on the 2002 BMW but the Nada Guides has a market value of $6,025.  We are saving the debtor(s) $8,449.00 but if they do not show a good faith effort to catch up any past due balances, the deal could be lost and receive an objection from the creditor.

If they are only 1 month behind in payments, this may not be an issue; however, debtor was unable to provide me with this information and became upset when I asked him the question several times so I gave up.

SUMMARY

I hope my notes help you when you work on future petitions.

– by Victoria Ring

Clay Holland is really busy this week putting together the TWO DAY Atlanta Bankruptcy Seminars so I thought I would catch you up on my week.

ATLANTA SEMINAR?

Yes, Clay is finalizing the date and then he will make the announcement.  Stay tuned for more details from Clay a little later.

CHARLOMA BANKS

February 15 and 16 I spent training Charloma Banks.  Charloma lives in Plymouth Virginia and it was her first trip to Colorado.  Charloma had taken the time to do a great deal of studying on her own prior to coming for her training.  The first day was spent addressing the questions she had regarding the materials and reviewing a variety of techniques for developing a website.

After returning to her hotel room, Charloma spent most of the evening redesigning her website to reflect the new marketing information she learned.  When I picked up Charloma the second day for her training, I was impressed with the extra effort she put forth.  We then spent several hours rewriting and revising the wording so that it was more informative.  As Charloma learned, your website should be YOUR BEST.  It can be compared with putting on a tuxedo or a 3-piece business suit and attending a governmental social gathering.  That is how good your website should look in order to attract good business.

SUZIE MCKENZIE

Suzie McKenzie is really a cool chick.  She and a couple of friends jumped in their car, in Dallas Texas, and drove to Colorado Springs.  Although the normal drive time is 15 hours, Suzie and her friends left 4 days ago and stopped and vacationed along the way.  I trained Suzie and her friend on February 18 and 19.

Suzie has owned and operated her own advertising and publishing business for many years; but like the real estate industry, the publishing world is experiencing financial difficulty too.  It appears that right now, bankruptcy is about the ONLY growing field in America.

However, since Suzie has owned her own business for many years, there is no doubt that she will be ready to start working for attorneys within a short period of time.  Plus, Suzie has an outgoing and caring personality which is a perfect fit for working with clients in Chapter 7 and Chapter 13 bankruptcy.

NEW PRODUCT FOR ATTORNEYS

I am presently in the final development stages of a new product for attorneys called:  PRE-QUALIFY INTAKE FORM.  This is a four-page questionnaire, consisting of mostly YES and NO questions.  This makes it easy for the client to fill out in less than 5 minutes while at the attorneys office.

Using the accompanying INTERPRETATION TOOL, the attorney will quickly learn how to glance down the PRE-QUALIFY INTAKE FORM and get a good, general idea as to the complexity of this case.  This information will allow the attorney to make the determination whether to accept the case or how much of a fee to charge.  The more complex the case, the higher the fee.

As soon as the product is available for sale I will announce it to my PERSONAL LinkedIn Group.  If you are not subscribed to my LinkedIn Group, visit: http://www.linkedin.com/in/coloradovictoria and click on ADD VICTORIA RING TO YOUR NETWORK (upper right)

WATCH FOR CLAY HOLLANDS EMAIL ABOUT THE SEMINAR TO ARRIVE SOON

** This article will help you to understand important basic information if you are an attorney just getting started or transitioning to the field of debtor bankruptcy law.

An attorney called me today.  She was in a hurry and wanted to know what software she needed that would prepare a bankruptcy petition in about an hour.  I told her that none existed.  She then proceeded to tell me about an attorney who had a software program that imported credit reports, filled in all the creditor addresses and did everything, including filing her petition at the press of a button.  I explained to her that almost all bankruptcy software programs perform these same functions; but there is no bankruptcy software program that is going to practice law for her.  She was disgusted at my response but it is the same response I get from new attorneys quite often.

Remember the old saying: What looks too good to be true, probably is?  All adults should know by now that anything that appears to be simple and easy actually requires a skill.  I wrote an article one time about how horrible I was at trying to bag my own groceries at the store.  I explained that even something that sounds like it could be simple (like bagging groceries) still takes a skill that is only learned by practice.

Therefore, every person reading this article needs to reprogram their brain to understand that no bankruptcy software program is going to THINK for you.  Software programs only make some jobs easier.  You still need to go in and check data, categorize it, determine priorities and much more.  No software program is going to do that no matter how much you pay for it.

HOW DID THIS RUMOR GET STARTED?  LETS EXAMINE A REAL LIFE SITUATION:

John Q Public is sitting at home watching television.  He hears the rumor (started by the new media) that he can save his home if he files a Chapter 13 bankruptcy.  John Q Public is 9 months behind on his mortgage and facing a foreclosure because he lost his job.  Mr. Public rushes to the phone to call Ms. Attorney and tell her he wants to file a Chapter 13.

Note: For those of you who work within the bankruptcy system, you already know this statement by the media is only partially true.  The media conveniently leaves out the fact that a person cannot qualify to file a Chapter 13 if they are unemployed and have no money left after paying their basic living expenses.  That is the catch; however, John Q Public does not know that.

Ms. Attorney, who, through a lack of training, offers to file a Chapter 13 for John Q, Public.  Ms. Attorney uses her bankruptcy software program to prepare the bankruptcy petition.  Ms. Attorney has little or no training in preparing the petition and she spends from 6 to 8 hours just correcting and adjusting information (that the software cannot do).  She was unaware of this when she purchased the software because she was under the assumption that it did everything for her.

Next, Ms. Attorney is overwhelmed by the fact that she has also not been properly trained in how to gather all the necessary information for preparing petitions, properly counseling her clients and how to filter out clients who do not qualify for bankruptcy and help them through debt counseling or some other form of assistance.  Without this basic knowledge, new bankruptcy attorneys are going to be in for a very rocky road ahead; especially since there is no software program that is going to do all of this for them.

What happens next is another nightmare.  After Ms. Attorney enters in all the income for John Q Public and his wife, John Q Public does not qualify for a Chapter 13.  In a situation like this some attorneys will try to still push the bankruptcy through by finding an income from another source or suggest the debtor get a part-time job so he or his wife can qualify to file a Chapter 13.

Or, if Ms. Attorney manages to get the bankruptcy petition filed by some other method, she will still risk extreme embarrassment at the 341 Meeting when she is in front of the client, creditors and the Trustee.  When the Trustee finds these issues and brings them to the table, many attorneys will simply stop accepting Chapter 13s or stop doing bankruptcy altogether rather than face this situation again.  This is sad; because the result was only caused from a lack of training and knowledge in building her practice.  Another old saying: An ounce of prevention is worth a pound of cure.

LOGICAL POINTS TO CONSIDER

If you are a seasoned bankruptcy attorney, I urge you to pass this information on to new attorneys.  In doing so, you and I are helping to improve professionalism and positive growth within the bankruptcy field.  If you are a new attorney, I urge you to study the following logical points:

1.   If a bankruptcy software program existed that could do all the thinking for you, why would someone need to hire a bankruptcy attorney?  Why not just buy the software and call it a day?

2.   If the bankruptcy court allows an attorney to charge $1,000 or more for a Chapter 13, do you not think there must be more work involved?  Some attorneys think the software does the work for them; but remember that the court does not just grant a large sum like this to an attorney without good reason.

3.   If you were going to open a pizza shop, would it be a good idea to learn how to make pizza first?  If you are going to start a new bankruptcy practice, would it be a good idea then to learn about the process first?  The least a new attorney can do is login to the American Bankruptcy Institute and view the free training videos at:

http://www.uscourts.gov/video/bankruptcybasics/bankruptcyBasics.cfm

Although these videos were made for attorneys to place on their websites to inform their clients about bankruptcy, they are still excellent in helping new attorneys understand the basics.  I always tell my students to study the law from a legal perspective as well s the consumer perspective.  It provides you with a better balance of knowledge that will carry throughout the life of your law career.

ONE SOLUTION TO CONSIDER

The videos from the American Bankruptcy Institute will NOT show you how to gather information from your clients, prepare the petition or run your practice.  That education has never been taught to attorneys and either they learn the skill through trial and error or from an experienced paralegal.

As the author of this article, I would be more than happy to talk with any attorney who is considering getting involved in the bankruptcy field. You can email me at: victoriaring1958@gmail.com

I hope this information helps you.

I am very happy to report that the Law Firm of John H Spurgeon in Pasadena, California has opened a new debtor law bankruptcy practice and will be accepting new clients soon.  Attorney John Spurgeon worked as a Certified Public Accountant for many years before graduating from the California Bar approximately 10 years ago.

Since that time, John Spurgeon has been specializing in family law.  He had been referring all bankruptcy requests out to other attorneys in the area.  However, when he found the requests were growing in number, he decided to open up a bankruptcy law practice to compliment his existing customer base.

A quick search on the American Bankruptcy Institute website at www.abiworld.org will show you the high level of increase in bankruptcy filings within the state of California.  For example: in the Second Quarter (April, May and June) of 2009 there were a total of 53,505 filings in the state of California alone.  These figures result down to almost 600 California residents PER DAY filing bankruptcy.  That is the most extreme I have ever seen in my entire 30+ year legal career.  The numbers are mind boggling and you may not understand the level of significance unless you are working in the bankruptcy field.

Due to these high numbers of filings, many homes in California are owned by banks.  Although the state of Florida is also suffering and filings are extremely high there also, the difference between the appraisal amount and the amount owed to the bank is much smaller in Florida compared to California.  For example: In California, there are many homes (priced at $100,000 in other areas of the country) originally selling for $700,000 and up.  Now that the housing market has collapsed, California home owners are finding the same property is appraised at $200,000 and they are underwater a half million or more.

In an effort to stabilize the housing problems in California, many California bankruptcy courts are putting provisions in place so that debtors may stay in their homes and this helps to prevent more criminal activity within the neighborhood as well as protecting the investment of other homeowners.  For example, did you know there are unscrupulous people who pick the locks of bank-owned homes, change the locks and rent the property to innocent victims?  If the person(s) owning the home would have stayed in it instead of moving the moment they received a foreclosure notice, this would not have happened.  It is unfortunate that people often do things that hurt them simply out of panic.

WHAT PROVISIONS IS CALIFORNIA BANKRUPTCY COURTS PUTTING IN PLACE FOR PEOPLE?

Victoria Ring is putting together a training package that will teach California attorneys how to propose strip downs of second mortgages and cram down first mortgages.  This is a new procedure that has been tested and approved by the Central District of California (the most difficult district to file a petition in).  Look for a future email announcement regarding the training package so that you can save your clients literally millions of dollars and help them get a fresh start in these hard financial times.

DO YOU KNOW OF ANYONE FACING FORECLOSURE?

One of the goals and focuses of Victoria Ring is to educate as many people as possible during these hard financial times.  If you know of anyone who has received a foreclosure notice, tell them NOT TO MOVE.  Stay in their home and keep it well maintained.  There are many opportunities for homeowners who are behind in their mortgage (and many are coming down the pike); simply because the bank would prefer to preserve their investment by having the property owner stay in the home instead of leaving and have the home subject to criminal activity.

ARE YOU AN ATTORNEY?

If you are receiving this notice and you are interested in discussing the establishment of a bankruptcy law firm for your practice, so that you can help 100s of people facing foreclosure also, feel free to call Victoria Ring at 719-659-0743.  What is the cost?  It depends on your training needs, which is why you must call for a free consultation and assessment.  Some attorneys only require training by teleconference and over the web, while others prefer that we physically come to their location.

CONTACT REFERENCE

Contact Information for John Spurgeon http://www.jsfamilylaw.com/