Bankruptcy Practice Management

Trust Is Crucial in Attorney-Client Relationships

The Importance of Trust There is no substitute for building trust with clients. It establishes open lines of communication, increases cooperation and ultimately drives the profitability of a law practice. Clients who trust their lawyer are eager to meet their lawyer’s needs, making the working relationship enjoyable for the lawyer and supporting staff. Yet, increasingly, [...]

Are Consumer Bankruptcy Attorneys Biased Towards Chapter 13 Bankruptcy?

Are Consumer Bankruptcy Attorneys Biased? In my experience, absolutely not. In fact, consumer bankruptcy attorneys are among the most dedicated the legal profession has to offer, performing what is sometimes a thankless job for people who are under tremendous stress both financially and emotionally. However, like any large group, there are areas that the consumer [...]

Compassion Fatigue in Consumer Bankruptcy Attorneys and Mental Health Professionals

Has the Consumer Bankruptcy Bar Had Enough? In September of 2011 I took an informal survey of National Association of Consumer Bankruptcy Attorney (“NACBA”) members on professional burnout.  Through a post on the NACBA listserv discussion group I asked NACBA members to rate on a scale of 1 to 10 how burned out they had [...]

San Jose Bankruptcy Lawyers Raise Concerns over Perceived Trustee Abuses

At a recent meeting of our Chapter 13 Committee meeting, a group of Bay Area bankruptcy attorneys who meet monthly to discuss recent developments in consumer bankruptcy law, a lively discussion erupted among a group of 40-50 local practitioners over Bay Area Chapter 7 panel trustees’ increased reliance upon lengthy questionnaires and blanket document requests [...]

In re Penrod, 611 F.3d 1158 (9th Cir. 2010) An Opportunity for California Bankruptcy Attorneys — But Maybe Not For Long

The 9th Circuit has ruled that to the extent that an automobile lender rolls the negative equity from a trade-in into a new acquisition loan that part of the loan is not a purchase money security interest.  In re Penrod, 611 F.3d 1158 (9th Cir. 2010).   The ruling in Penrod is in apparent contrast to [...]

Arizona Bankruptcy Attorney Discusses Recent Supreme Court Decision: When Good Financial Advice is Poor Bankruptcy Planning

A recent US Supreme Court Ruling in the Ransom case, showed that 8 of our 9 Supreme Court Judges lack the common financial sense to reward good financial planning through our bankruptcy laws. Specifically, the United States Supreme Court has ruled 8-1 that the vehicle ownership expenses allowed under bankruptcy laws are only available to [...]