I don't. I am sure that I have a few colleagues who would be more than willing to get me Judge Monroe's scathing opinion.
Of course I charge for my services. I assure you that with my track record, I am worth every penny. Interestingly enough, the judges set what a reasonable chapter 13 fee is. They issued a 12 page order on it. It breaks down the amount of time that is spent on the average case. Wow.
That is really odd. What lobbying group was responsible for adding that on? Who sets up these classes and gets the money? So, yeah, like Max said - if someone got cancer and the treatment wiped out their finances and they went broke they would have to pay $50 (if they don't have the money I would assume they would have to use credit of some sort) to tell them how to better save their money or else they are not applicable? That is beyond silly. I had watched a Frontline report a year or so ago about how creditors essentially wrote the law so I am not surprised it is bad...but I had never heard anything about this counseling thing. Thanks for the info.
The concept of bankruptcy stems originally from the Year of Jubilee in the OT...and it was one of the very first acts the Founding Fathers passed after signing the Constitution. It's been emptied. Max are you saying that this was not a Christian or even Constitutional thing to do? Interesting. It is clearly unjust and was the credit industry's wet dream.
Thanks, the people I know personally have all but quit. Of course they do have other areas, or partners who do other areas, that they can move in to.
It's pretty unbelievable how much debt people carry around and how little they have saved for retirement. I'm not talking about poor people, I'm talking about regular middle class and even upper middle class folks. They are too busy trying to "keep up with the jones's." I think that is the part the bankruptcy law tried to address, maybe use a stick to get people to take the financial steps to avoid bankruptcy. But as usualy the lobbyists got their wishes and screwed it up.
Maybe I should print out this thread. They could become credit counselling services or whatever. Seriously one older guy is trying to retire due to the changes. I went out to lunch with him and another lawyer and he told me that this was the last straw. I do know his wife, but he actually believes that consumer bankruptcy is that bad. At least I believed him. At the minimum that will teach him to read the newspapers or some advance sheets or something. His wife is a lawyer, too,but she does not do bankruptcy. She still is fired up enough to keep working as a lawyer. Of course, she is about 5 years younger. Like me, she had the advantage of not starting at 25. Maybe he is just using it as an excuse to take his early SS check. Sheesh, I thought I was burned out. Though I am getting a third, 10th or whatever wind. Should I be cruel enough to make a copy of Reman's posts and give it to him? Obviously, since I like him, I would not give it to his wife. She is his second wife and they still have one kid in about freshman yr of highschool. PS I only skimmed Refman's posts as I am after all not working right now. I intend to read it a bit more some time. The mere thought of reading it tires me out. Enough to make me glad I nevr went into bankruptcy . Though it might me fun to bs about things as a credit counselling service.
It is is instructive to note that every last Republican voted for the bankruptcy bill. It might be controversial to point out, but I can't square this vote with concern for the poor and dispossed as the Bible parable requires. There were not. Every single republican in both Houses voted, and every single one voted for the bill. In the Senate, 18 democrats and one independent voted for the bill. One democrat did not vote. In the House, 73 democrats, which is down from 90 last time around, voted for the bill. So, the RINO, the republican in name only, has really gone extinct here. The republicans have closed ranks, but the DINO, the democrat in name only, is growing and is gaining attention. Progressive Democrats of America is going to go after these democrats, http://www.democracynow.org/article.pl?sid=05/04/15/1337227
I don't have a monopoly on determining what is Christian. I can only tell you my viewpoint. I find it to be unjust. And I don't think God is cool with what's unjust. Others see it as just. They just disagree with me. I'm not for laws that enrich the richer at the expense of the poor...and that's how I see this. I don't get to determine what is Constitutional. But the bankruptcy acts weren't in the Constitution. They were just among the earliest laws enacted by the federal government. I'm suggesting we've parted ways with that. I find it ironic that almost contemporaneous to the passage of the bankruptcy reform act, the credit card companies finally started following FTC guidelines forcing up the minimum payment on credit cards from 2% to 4%. So now your minimum payment doubles and you can't get the relief from debt you could previously.....pretty convenient, eh?
Max and Ref - since you guys are a lot more conversant in this area I was wondering if you have changed (if a change was required) your financial habits due to all of this. In other words, do you guys use credit cards at all? Limited? Just curious. I (we) have not for four years so I am not asking advice or anything...just curious because my experience has been that the more I know the farther I have run from any kind of credit (other than my mortgage and what is left of my student loans) and you guys know way more than I.
The fact that I help people file for bankruptcy, save their houses from foreclosure, etc is not going to make me an unabashed leftist. I am somewhat less conservative than I was when I was 20. I am pretty much a centrist at this point. I disagree. This was meant to be a bar for some people to file. A lot of filers file Chapter 13 the day before the foreclosure sale. The filing stops the sale. IMO, the counseling requirement was meant to make it impossible for these folks to file. The credit counseling agencies seeing this clientelle, figured out a way to make it possible. From what I have seen, some lawyers who did not want to learn the new law or did not want to change the way they practice have quit. The rest of us have adapted, learned the new law, structured our client relationships in such a way that complying with the Code isn't that hard, and have remained in the trenches. When did this turn into an adversarial thing rather than wholly congenial? Did I miss something? Not to worry, I am currently unmarried. She is just a girlfriend at this point. She has two kids in highschool and works for a bankruptcy firm and agrees with me on the issues involving government programs. And a decade ago she was raising two kids on $800 per month. Wierd that she believes in the power of the person to better their life, huh?
I think so,I was referring a 62 yr old lawyer buddy who says the bankruptcy changes are the last straw and he wants to hang up the practice of law. I was joking about being cruel and telling him he should learn what you said and continue. His wife would probably like that given that they still have a kid in highschool. No, I do too. Just I believe in using government to make it easier for individuals to do better. e.g. free or low cost college education, health care, at least the old bankurtcy bill. Why not make it easier for not just rich people to use personal power to improve their lives? After all rich people like the Bushes use privitization ideology to spin off previous govenment services to their buds in the private sector., who make a bundle. Don't get me started on the money made by Halliburotn etc on the Iraq War, which after involves government spending. Glad to see you are becoming more moderate. It doesn't just happen with age. I've see a lot of people become more conservtive and a few, like me become more radically left wing.
I have been using the hell out of the one card I have. That is only because I started a firm about 8 months ago, and am just now realizing real profits. My living expenses extinguished my savings and my card kept me afloat. Now that business is good, I am using it as little as possible, and am going to be paying it off in chunks.
Whew. Good. If he wants to learn the new law, NACBA would be more than happy to help out. I would also commend to his reading King's Guide to Bankruptcy Practice. It has been a wonderful help. If he is interested in continuing to practice, feel free to email me through the board. I am happy to answer any questions he may have. Word. Education costs are out of control and the health care system is simply broken.
Thanks, I have a feeling it is really the 37 yrs of being a lawyer rather than just the recent changes. Education is expensive? Try ignorance. (The old bumper sticker). Agreed the health care system is broken. That is why it is time to join the rest of the modern well off world and have medicare or national health for all. I have even had two doctor friends in private practice who do not have health insurance due to sick members in the family.
