Chapter 7 and 13 Bankruptcy Blog

Marc Mathys and Doug Michie, two prominent California bankruptcy attorneys have purchased My Bankruptcy School from Victoria Ring of Chapter713Training.

Victoria Ring decided that My Bankruptcy School needs to be owned by attorneys simply because attorneys prefer to be trained by attorneys.  One of the problems with the low enrollment at My Bankruptcy School in the past was that some attorneys do not trust the training that can be provided by a paralegal; even though My Bankruptcy School provides the highest quality content available.  Therefore, in order for the school to grow and the materials benefit a wider audience, Marc Mathys and Doug Michie have purchased the school and have some exciting plans in store for its continued growth.

One of the new upgrades that have been planned is the ability to earn CLE credits.  Marc and Doug are busy applying for CLE credits in all 50 states and updates will be provided as soon as these credits have been approved.  Also, Marc and Doug plan to expand on the training videos and provide attorneys and their staff with specific videos for attorneys practicing in California

Victoria Ring will remain on call for a period of time during the transition, as well as providing virtual services to both Marc and Doug as they continue to build the school.

HERE IS WHAT ONE ATTORNEY HAD TO SAY ABOUT THE TURNOVER:

The following is an email I received from a Florida attorney who had taken the Chapter 7 and 13 courses.  Attorney Monica McWhite does an excellent job at addressing the major problem with the low attendance and the decision to sell the school:

Dear Victoria,

I think the decision to associate with Mr. Mathys and Mr. Michie is wise. I did not have a problem with being trained by a paralegal and enjoyed your materials immensely. The videos were in plain English, your lecture style kept me engaged, your materials are well organized and easy to understand and your superior knowledge about bankruptcy showed. After watching one of your videos, I was able to design my own website which was one of my proudest moments as a student. Even my family and friends love my site; take a look at http://www.monicatmcwhitelaw.com. It is nothing fancy but gives me an online presence and I am constantly editing and adding information.

One of my friends who has been practicing bankruptcy law for about 3 years was astonished with my level of knowledge and comfort with the bankruptcy process. Clearly, attending My Bankruptcy School was a wise decision. When I sing your praises to other young attorneys they appear hesitant to purchase your materials when I tell them you are a paralegal. It is unfortunate that something so simple would keep them from expanding and educating themselves.

Monica T. McWhite, Esq. http://www.monicatmcwhitelaw.com

FOR MORE INFORMATION:

View the bio of Marc and Doug at: http://mybankruptcyschool.com/instructors

Contact Marc and Doug at: http://mybankruptcyschool.com/contact

Enroll in My Bankruptcy School (3 pay plan available): http://mybankruptcyschool.com/enroll_3pay

Colorado Bankruptcy Training is pleased to announce the release of the first bankruptcy training videos ever produced to train the skills needed to prepare a well-detailed Schedule B within the bankruptcy petition. As you may know, we just released the Voluntary Petition and Schedule A training videos last week. Read the rest of this entry »

The first Chapter 7 Bankruptcy Petition Training Class began on July 5, 2010. The first class consisted of eight students; four attorneys and four non-attorneys.  I asked the students if the online class was different compared to purchasing the training videos.  Three comments I received were:

The online class is much different from the videos.  You provide different information in the online class so I would recommend someone purchase both for well-rounded training.

I really prefer the online class because I can ask questions directly to the instructor and get an immediate answer.  I also like the personal touch because a video is a recording and the online classes are LIVE.

I like the videos because I can watch the lessons over and over again; however, the online class does provide an advantage in the fact that different information is covered compared to the training videos.

The Cost Saving Advantage to Online Classes

The biggest advantage to attending online classes is the cost savings.  For example, to attend a one day seminar you could invest as much as $2,000 for airfare, hotel and meals; let alone the time spent away from work.  But by attending online classes you CAN SAVE 90%. The Chapter 7 class is only $275 and the Chapter 13 is $150.  Plus, you attend online and have absolutely no overhead costs.

I noticed this benefit immediately during the development of the Chapter 7 Bankruptcy Petition Training Class.  From 2004 until this year I traveled throughout the United States speaking at seminars.  The average overhead cost for me to book a hotel meeting room, rent the audio visual equipment, make copies of manuals and buy food for attendees was about $3,000.  That meant that I needed 10 people to sign up for a $300 seminar just to break even.  Rarely did I ever produce a profit, but I knew the training was necessary for attorneys and virtual bankruptcy assistants, so I continued doing the seminars as long as I broke even; but my business suffered because I was out of town; just like your law firm would suffer if you had to miss work to attend a seminar.

However, now, with the development of the online class, I can conduct a class if only one person signs up.  That’s because instead of paying $3,000 in overhead expenses for a one day seminar, I only pay $7 a month for hosting the website.  My costs are reduced – the costs for the student are reduced; and it is a win/win situation that I am sure more people are going to enjoy.

Why are some people apprehensive about online classes?

One reason people have trouble accepting online courses are that the quality of many of them is extremely poor.  I signed up for a class that had absolutely no live interaction from the instructor.  In fact, she would not even reply to my emails.  I had to actually call the school and complain just to get the instructor to respond.  Also, the materials were only available online, not in a classroom setting; and the materials were very scanty and contained poor content.  The information was only theory and contained nothing that I could actually put to use in my real work life.

These are just a couple of reasons why online schools and classes have a bad reputation and are destroying the reputation for professional schools like MyBankruptcySchool.com.  I hope you give us a chance because the materials we provide are the best in the field and are taught by the developer of the virtual bankruptcy assistant industry.  This is top level training at low prices designed for bankruptcy attorneys just starting a law firm and operating on a tight budget.

Questions from Attorneys Regarding the Online Classes

Q: Why is the Chapter 7 class so long?  Can I jump ahead and take the class in a few days?

A: The online courses that I developed are not intended to dictate to you like grade school.  If you want to download all the handouts and quizzes, never attend a class and complete your training in a few days; that decision is entirely up to you.  I will tell you that you get so much more from attending the live meetings because you learn a great deal from the instructor.  But whether you attend or not is your decision.

Q: What materials do I receive once I enroll in the course?

A: Prior to the first day of the course you will be emailed a username and password so you can have access to My Bankruptcy School online.  A video showing you a visual tour around the interface is provided at:  http://www.youtube.com/watch?v=Uc-598gBlxQ

Once logged into MyBankruptcySchool.com you will have access to:  (1) extensive handout materials; (2) quizzes to check your progress; (3) audios of previously recorded classes; plus (4) all the other features of the interface.

Q: What other topics do you cover in the course that are not listed on the website?

A: Every class is very intense and contains a great deal of information.  However, every class is different because the topics are structured around the needs of the particular students in that class.  However, some popular topics I cover to help attorneys are: (1) how to set up electronic files; (2) how to incorporate marketing techniques into your operational procedures to produce long term results; (3) client intake interview tips; and (4) social media for marketing.

Do you have any other questions?

Fill out the contact form at: http://www.coloradobankruptcytraining.com/contact-us

What classes are available?

Chapter 7 and Chapter 13 Classes are available at: http://www.bankruptcytrainingproducts.com/home/web-and-teleconference-training

How do I find the My Bankruptcy School website? http://www.mybankruptcyschool.com

Sample Bankruptcy Games

Bankruptcy Terminology Game http://www.quia.com/cc/1983817.html

Bankruptcy Hangman Game http://www.quia.com/hm/665546.html

The first Chapter 7 Petition Training Course will begin its first class in July.  This is your unique opportunity to work one-on-one with Victoria Ring in learning how to prepare a detailed Chapter 7 petition.  Along the way you will learn 100s of time and money-saving techniques that will improve your skills.

This course is designed to teach attorneys, paralegals and other law office personnel how to prepare a well-detailed Chapter 7 bankruptcy petition. In the process the student will learn a high level of skills that enables them to curtail most (if not all) Deficiency Notices issued by the Trustee after the 341 Meeting is complete.

This course is for both beginners as well as advanced students.  The reason we can provide one class that meets the needs of a wide range of knowledge levels is because the course is structured to teach a higher level of detail than is normally never taught in typical bankruptcy law firms.  This allows those who have been trained in the haphazard, traditional training methods to apply their present knowledge and advance their skills tremendously through the lessons they learn in the Chapter 7 Petition Training Course.

Beginning students who have never been trained in the haphazard, traditional method of preparing a bankruptcy petition will have the advantage of being trained correctly from the beginning.  This will protect students at this knowledge level from many of the common problems that exist in the majority of bankruptcy law firms today; which originated from poor petition training methods.

For more information and to sign up, visit: http://www.bankruptcytrainingproducts.com/home/web-and-teleconference-training

** 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.

The following questions and answers were submitted to Victoria Ring either at a teleconference or by email during this past week. The best of the best were chosen to be published below.  The answers are provided by Victoria Ring who is not an attorney.  Therefore, the information provided in this material is for training purposes only and no whole or part should be regarded as legal advice.

DEAR VICTORIA:

If a lady is filing bankruptcy and she is pregnant at the time of filing, is the unborn child considered a dependent on Schedule I of the bankruptcy petition?

ANSWER:

No. An attorney explained it like this to a client one time who asked the same question: We do not know if your child will die at birth, be given up for adoption, raised by a family member or any other number of factors that could alter the dependent status of the unborn child.  Therefore, the child is not eligible to be a dependent until after the birth.

But, if the bankruptcy is still ongoing at the time the child is born and the child will be the dependent of the female filing bankruptcy, Schedule I and J would need to be Amended to allow for the dependent claim as well as the monthly expenses to care for the infant.

DEAR VICTORIA:

Am I to understand that I do not have to use a Certificate of Service when I initially file the bankruptcy petition?  That means I only need to use the Certificate of Service afterwards?

ANSWER:

You are correct.  The Creditors Matrix within the bankruptcy petition serves the place of the Certificate of Service.

DEAR VICTORIA:

If a bankruptcy case is closed, can it be reopened so the attorney can file an amendment?

ANSWER:

It depends on several factors.  How long has the case been closed? What are the reasons for reopening the case? Can the attorney prove to the Judge that there is good enough reason to reopen the case?  Was the case discharged or dismissed? (There is a big difference.)  Therefore, in order to sufficiently answer this question, you need to contact the Help Desk of your local bankruptcy court and obtain the rules for reopening a closed bankruptcy case so that your attorney can review them and make a decision whether to do so or not.

DEAR VICTORIA:

During an online search I found a motorcycle that was titled in the name of the debtor but the motorcycle was not reported on the client intake forms.  When I asked the debtors about it, the wife said it was repossessed and the husband said it was sitting in their garage.  Who should I believe?

ANSWER:

No one.  Your job as a non-attorney is not to make legal decisions. Make sure you document this problem and point it out to the attorney.  The attorney will need to determine the best way to handle the situation.

DEAR VICTORIA:

Do you really train attorneys?  I find that hard to understand.

ANSWER:

Why is it so hard to understand? Attorneys do not obtain training in how to prepare bankruptcy petitions and pleadings when they attend law school. They are trained in the legal aspects of the various chapters within bankruptcy; but they are not trained in the actual day-to-day operation of the bankruptcy law firm.  This is where I provide the service and it is one of the most fulfilling jobs I have.

DEAR VICTORIA:

I am interviewing a prospective attorney client whose full-service bankruptcy practice includes Chapters 7, 11, and 13, and creditor representation.  He is a solo practitioner (25 yrs in bankruptcy) and is done with the hassle of training staff.  Do you (at a fee, of course) provide any personalized training in Chapter 11 and creditor representation?

ANSWER:

I would never recommend that a Chapter 11 be done virtually.  You must be able to work in the law firm office.  Why?  In a Chapter 11 there is no trustee so the rules change considerably compared to a Chapter 7 and 13.  Additionally, a CPA is normally hired to maintain bookkeeping records and report to the bankruptcy court every month.  Finally, you also should have some working knowledge of corporate law to work with Chapter 11s.

As you know, I am solely dedicated to John Q public which is why I ONLY provide training in Chapter 7 and Chapter 13. Perhaps you have a Chapter 11 confused with a small business owned by a debtor.  Unless a debtor owes $1 million in Schedule F debts, the debtor still can file a Chapter 7 or Chapter 13 for their sole proprietorship business.

The following questions and comments were submitted through email to Victoria Ring. The answers are provided by Victoria Ring who is not an attorney.  Therefore, the information provided in this article is for training purposes only and no whole or part should not be regarded as legal advice.

DEAR VICTORIA:

I have a debtor that owns a home based business.  In addition to what her company grosses, she has paid herself a salary for the past 6 months from her business.  On the Means Test, do I have to average the amount she paid herself from the business (Line 3), and in addition, average the monthly net business income (Line 4)?  Or, do I fill in Line 4, only?  Please help!!! First time I’ve had this situation.   My attorney is waiting for Form.

RESPONSE FROM VICTORIA:

First of all you need to fill out the Business Income and Expense worksheet that is included in most of the bankruptcy software programs. If you are using Best Case software, scroll down to the VERY BOTTOM of the list of forms. There is a folder named SUPPLEMENTAL FORMS.  Inside that folder is a form named BUSINESS INCOME AND EXPENSES.

Fill this form out and make sure it is filed as an attachment to Schedule I when the petition is filed.

Take the AVERAGE NET INCOME (Line 23) and enter this figure into Line 3 of the Means Test.  If you refer to the form you will see that Line 3 states: Net Payroll Other Than Debtor.)  Therefore, you will NOT include the money the debtor pays herself from the business on this particular worksheet form.

Since we now understand this information, we can reasonably deduce that the money the debtor pays to herself needs to be listed on LINE 7 or LINE 13 of Schedule I.  Check with your attorney to be sure.

Also remember to remind the attorney that he or she needs to obtain 6 months of bank statements from the debtor’s business account as well as her personal account.  The attorney will need this to verify the debtors’ earnings reported within the bankruptcy schedules.

Note: In some states, the attorney will simply take the bank statements with them to the 341 Meeting and hand to the Trustee. In other states, when the bank statements are used as pay advices, they would need to be filed with the bankruptcy petition (sometimes the court even requires a cover sheet.)  Always check your local rules of procedure to address questions at this level.

DEAR VICTORIA:

The debtor is married but is filing as an individual.  I included the husbands’ income in the Means Test because they do not live in separate households.  My problem is that I am not sure how to complete the Statement of Affairs for the husband.  I put the wifes income for 2009, 2008, and 2007 but do I also need to include the husband income for the same years even though he is not filing bankruptcy?  I was told only put 2009 for the husband because its only this year that counts for CMI.  It just does not look right to me and I wanted to run it by you.

RESPONSE FROM VICTORIA:

They may do things different in California but in all the petitions I have done (if the husband is not filing) we would place the husband’s income under Item 2 of the Statement of Affairs.  It would be listed as Spousal Contribution.  The husbands income would also be listed under Schedule I as well as the Means Test.

However, you may want to call your local California Help Desk because I have found that California has many strange customs that is totally different from other states.  I learn so much when I visit California, so make sure you check out my response to make sure you are complying with the court rules.

DEAR VICTORIA:

This is my first bankruptcy petition and I need some help.  I am filing a petition for my client and I am in California.  As you know, this is a community property state.  If a husband and wife are divorced and living in separate residences, and the husband wants to file bankruptcy without his wife, will the wife be responsible for the debts that are discharged and the husband does not pay?

RESPONSE FROM VICTORIA:

I did a little online research and I found the following information at http://bankruptcy-law.freeadvice.com/consumer_bankruptcy/spouse_bankruptcy.htm which states (in part):

…. Community property and common law (also called “equitable distribution”) are the two types of martial property ownership. The vast majority of states apply the equitable distribution rules; nine states apply the community property rules. If you live in a common law property state, your spouse’s bankrupt estate will include his/her separate property and half of the jointly-held marital property. The non-bankrupt spouse will not have to worry about the effects of the bankruptcy on his or her separate property.