5 Reasons Why You Need a Bankruptcy Lawyer (Now!)
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 ¡ A great bankruptcy lawyer can intervene during this state of crisis and provide level-headed legal guidance based on an understanding of the many complex statutes that govern bankruptcies. The ...
âAlthough general practice has gone the way of the dinosaur, bankruptcy is the last place at a top law firm where you can be what lawyers used to be: the clientâs go-to guy.â Burke says bankruptcy attorneys will handle corporate , litigation , employment and IP work, and get to work closely with the business side.
Lawyers consistently ask me why I became a bankruptcy lawyer. If youâre thinking of diving into the field and donât know if itâs your cup of tea then perhaps these insights will help you. ... Hello, my name is Justin and Iâm a 16year old with high aspirations to become a bankruptcy lawyer. I know I may seem young to already know what I ...
Ali Kelly, meanwhile, emphasizes that â finance lawyers play a huge role in a Chapter 11, in critical elements of the case: the DIP (Debtor in Possession) loan when you go in, and exit loan when you go out. Many people working for larger firms are listed as finance lawyers, but they mainly do DIP loans.
BRR lawyers navigate court proceedings, while also deal-making at breakneck speed, selling off assets, and striking agreements between creditors and debtors. A former BRR lawyer himself, Whistlerâs Mat Martin "loves working with BRR attorneys because there is no artifice.
Unfortunately though, many businesses just canât get their head around recruiting a bankruptcy lawyer. âIt was admittedly an obstacle I had to overcome. They think âWhy do I want a bankruptcy lawyer running my business?â So change the way they see it,â says Gorman.Ali Kellyâs rebuttal is that âduring a Chapter 11 you are effectively functioning as outside general counsel. You see any contract there is: you have a hand in vendor agreements, supplier contracts, customer contracts, and leases. Whether itâs in Chapter 11 or not, it doesnât matter, you work to get the best terms you can. And all the time youâre weighing the need to bring in experts to advise you. For me that made it a seamless transition to in-house.â
Thereâs a creative hue to the work too. âDebtor-side you can sell solutions to banks that arenât cookie-cutter,â says Silverman. âFor example rewriting debt into performing notes and hope notes.â Creditor-side lawyers meanwhile, benefit from âtaking the wheel and steering things,â says Robert Dakis. â The debtors have to react, and you keep coming at them with strategies. The secured creditors drive the bus; theyâre going to get their collateral one way or another.â
There are no games: BRR attorneys have to work quickly and efficiently to triage and resolve problems in the hope of saving the business. This straightforward approach leads to mutual respect between attorneys and an incredibly high level of candor, mentorship, and collegiality within the BRR bar.â.
â A move to BRR could be your chance for more meaningful work. â Bankruptcy is often regarded as a niche practice â but, Sean points out, its difference is its advantage. â Although general practice has gone the way of the dinosaur, bankruptcy is the last place at a top law firm where you can be what lawyers used to be: the clientâs go-to guy.â Burke says bankruptcy attorneys will handle corporate, litigation, employment and IP work, and get to work closely with the business side. âThatâs actually a key parallel to startup practice that attracts associates, what we call âoutside GC experienceâ. You hold clientsâ hands through everything.â
It is not difficult to speculate that once forbearance agreements and principal deferrals expire, banks will become more aggressive.â. Bankruptcies will follow, according to Robert Dakis, formerly a bankruptcy partner at a New York firm, now GC at Churchill Real Estate.
The biggest benefit to you is that an experienced attorney quickly recognizes any potential hiccup that could arise during your case and will plan accordingly. Here's a sampling of the value a qualified consumer bankruptcy attorney will bring to the table.
Your attorney will know what you must disclose, how to value your assets, what constitutes income, which of your expenses are "reasonable and necessary," which tax returns to supply, and a host of other issues. Guide you through the bankruptcy case.
Some creditors just don't know when to quit collecting. If a creditor violates the automatic stay (the injunctive order that prohibits collection activity after the filing of the case), your attorney can demand compliance or ask the court to hold the creditor in contempt. Negotiate with your creditors.
For instance, Chapter 7 will wipe out a lot of debt in a short time, but it won't help you save a house if you're behind on your payments.
Negotiate with your creditors. In Chapter 7 bankruptcy, your attorney can negotiate a reaffirmation agreement or a redemption with a secured creditor that will allow you to keep your house or car. In Chapter 13 bankruptcy, your attorney will negotiate with your creditors on payment terms, the value of collateral (property that secures payment of a debt), and interest rates to make your repayment plan affordable.
According to reports issued by the U.S. Bankruptcy Court for the Central District of California, fewer than 2% of pro se Chapter 13 filers are able to get a repayment plan confirmed (approved by the court) as compared to 60% of debtors represented by an attorney.
Determine Discharge of Debts. Some debts don't get wiped out ( dis charged) in bankruptcy. Others go away only if certain conditions get met. Your attorney will explain which debts will get eliminated and which will survive your case.
Often, people consider filing for bankruptcy because they feel as if they have no other options. They believe that their debt has pushed them into a corner with nowhere else to go.
Once you announce that youâre filing bankruptcy, all of the creditors that you owe a debt to will come calling. They all want to try and scare you into paying them back.
Hiring an attorney for this process also ensures that you donât receive a call from the U.S. Department of Justice down the line. By having a lawyer oversee the process, youâre eliminating the risk of accidentally performing a felony.
As you can probably already tell, the bankruptcy process is a fickle beast. One false move or mistake and the entire process can be terminated out from under you.
These stages cover things like filing the bankruptcy, having a creditorâs meeting, undergoing a debtor education course, notice of discharge, and so forth.
Not only can they help you claw your way out of the financial mess that you might find yourself in, but they will also give you instructions every step of the process.
Bankruptcy is one of the most stressful things that youâll go through in your entire life. It has so many different moving pieces that youâll find difficult to keep up with on your own.
Bankruptcy attorneys may be called on to address corporate, tax, environmental, employment, real estate, finance, securities, class actions and litigation issues in the bankruptcy case. Most large firms have separate departments to address these issues, but a medium to small firm may have only a few limited practice groups. Therefore, bankruptcy attorneys will need to know these areas as well as general bankruptcy law. Regardless of whether a firm has separate specialty counsel, bankruptcy attorneys need to understand these issues in order to effectively represent their clients in the proceeding.
Generally, a junior bankruptcy associate will: Prepare and review court filings (petitions, statements of financial affairs, schedules of assets and liabilities, and all types of motions such as use of cash collateral and relief from the automatic stay). Draft responses to motions and other filings.
Bankruptcy is extremely fast-paced. Cases generally move very swiftly through the courts. Motions are heard by order to show cause or on shortened notice (depending on local rules). Some reorganizations of major corporations have been accomplished in less than a matter of months.
In bankruptcy, depending on the client, adversaries may include the debtor; creditorsâ committee; secured, unsecured or priority creditors; the United States Trustee; and other parties in interest that may oppose the relief sought on behalf of the client or are seeking relief to which the client objected.
With guidance from a senior associate or partner, participate in telephone conferences with the client and adversary to discuss pending motions and other requests for relief in an effort to amicably resolve disputes.
Bankruptcy is a very diverse practice area so there is no typical day. Each bankruptcy case presents different challenges and tasks, which are heavily impacted by whether an attorney represents the debtor or a creditor, and among creditors, whether the attorney represents those holding secured, unsecured or priority claims.
The largest pet peeve among bankruptcy lawyers is the failure of some lawyers to know and follow correct procedures. Most bankruptcy lawyers know the law, but are unfamiliar with procedures. Attorneys also dislike when adversaries seek emergent relief when it is not necessary or set unreasonable response or hearing dates.
Bankruptcy and creditors' rights law require highly specialized skills. Board certification in specialty areas of the medical profession has long been recognized and accepted by the public as a mark of achievement. However, restrictive rules in most states have prevented board certification of legal specialists. In 1990 the U.S. Supreme Court affirmed the right of attorneys to advertise their certification by specialty boards, subject to appropriate state regulation (Peel v. Attorney Registration and Disciplinary Commission of Illinois, 110 S.Ct. 2281 (1990). Following are a few advantages of board certification:
More effective advertising - Any attorney who advertises ABC board certification is able to provide to the public an objective criterion of expertise. ABC certified attorneys can use the ABC logo on business cards, letterhead and other communications.