Re: Bankruptcy and Solo Practice JF

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Yes, someone below the state median income does not have to take the means
test and would be in a safe harbor. When I say that every debtor is
subject to the means test, my point is that a debtor has to determine
whether or not he falls in that safe harbor (this is what I mean when I
say they pass the means test). People whose income is above the state
median income are subject to a means test to determine whether there is a
presumption of abuse under section 707(b). Granted I oversimplified the
law in my post, but it's not like I spend much time typing these things.

Frankly, Guru, I cannot understand your attitude. I have filed many, many
bankrupties over the years, although only a few under the new law. I don't
need you to tell me what I know and what I don't know. You are also not
the judge of what is an appropriate fee in the Boston area, or any area
for that matter. My fee is average at best. Make some calls to lawyers
around here if you don't believe me. Maybe one of the reasons why you
failed and I succeeded is because you don't charge enough.

Guru - an interesting name choice for a failure. Grow up.

I am tired of negative people like you who dominate this chatboard. Not
long ago, I posted an idea that has worked for me (handing out "Have You
Made a Will?" brochures), and someone gave me grief when I said all people
need a will. Again, negativity. As I said earlier, right or wrong, I post
my experiences hoping I might be able to help others. I don't pretend to
be a know-it-all. I look for advice from others, but all that I see is
posts about how tough it is to succeed in the profession. Well, it is
tough, and people like Guru don't have a chance.

I have wasted enough time on this chatboard. To FordhamGrad, Carol and
others I respect, good luck. I will not return to this board.

On 3/10/06, Guru wrote:
> I suggest you bone up on your knowledge of bankruptcy law, especially
> the new law. Debtors who make under state median income, are not
> subject to the means test. Debtors who make above state median income
> are subjected to the means test, to determine their eligibility for
> Chapter 7 bankruptcy. How you could not understand this, and be filing
> many cases at a premium fee, is beyond me. Did you read through the new
> law at all? If I paid a lawyer $1500 to handle my typical Ch. 7 case, I
> would hope that he understood something as basic as this. Personally,
> because you don't understand this, I believe that you do not practice
> bankruptcy at all. It's like a criminal defense lawyer not knowing what
> a motion to suppress is.
>
> PS. Charging people $1500 for a typical Ch. 7 is just plain wrong and
> unethical in many states. I'm sure if you actually did that, you would
> run into serious trouble. Shame on you if you actually are doing that,
> or plan on doing that.
>
>
>
> On 3/09/06, JF wrote:
>> You have made some erroneous assumptions. I do not bs, please do not
>> make unfounded accusations.
>>
>> I never said I "switched" to bankruptcy from real estate. I do not go
>> where the action is hot. I added bankruptcy to my practice because it
>> was something I did earlier in my career, something I was familiar
>> with (despite the new rules). Look at my posts for the past year or
>> so; I advocate concentration in a primary area, supplemented by
>> secondary areas. I practice what I preach, and my primary area is real
>> estate. I was able to practice almost all real estate for the past six
>> or seven years, but since real estate dropped off, I added bankruptcy
>> as a supplement (in addition to wills & trusts). Bankruptcy is not,
>> and never will be, my primary area.
>>
>> Regarding the means test, it is you who are incorrect. All debtors ARE
>> subject to the means test. The ones who fall below the state's median
>> income pass the means test. The ones who are above the median income
>> fail the means test. Please look up the law before you make your
>> attacks.
>>
>> The reason why I pass what you call the "smell test" is within your
>> uninformed post. Yes, many attorneys in my community have discontinued
>> bankruptcy practice, as they have nationwide. This has helped my
>> practice, because many of these attorneys remembered me as someone who
>> used to do quite a bit of bankruptcy. Who do you think they're
>> referring their cases to? Yes, bankruptcy filings are down, but so are
>> the amount of bankruptcy attorneys. Less attorneys, less filings equal
>> about the same amount of work for the attorneys who still practice
>> bankruptcy.
>>
>> I never said that I don't advertise (another false assumption on your
>> part). I receive referral work from several bar associations. I also
>> receive work (albeit at a discounted rate) from legal insurance
>> programs.
>>
>> I don't know why you suggest that I become a cop. I'm not the one
>> screaming about my failure at solo practice. I take it as an attempt
>> by you to throw me a jab, but I don't know why you see the need to
>> insult me. Whether you agree with my posts or not, I have made an
>> effort to share my experiences on this chatboard, and I have looked
>> for the same from others.
>>
>> Frankly, I'm assuming you're a young lawyer who has some growing up to
>> do. Good luck.
>>
>>
>> On 3/09/06, Guru wrote:
>>> JF,
>>>
>>> You are incorrect that all debtors are subjected to the means test.
>>> Only debtors who make above their state's median income are subjected
>>> to the means test. I would think you would know that, since you are
>>> one of the few bankruptcy attorneys who are filing.
>>>
>>> You say that you switch practice and go where the action is hot.
>> Now,
>>> what were you thinking when you went from real estate practice to
>>> bankruptcy practice just after the law changed? Why did you decide
>> to
>>> get into bankruptcy at exactly the worst time?
>>>
>>> I find it odd that an attorney specializing in real estate would
>>> switch to bankruptcy at a most innopportune time, and then be able to
>>> file several cases a month, at an unusually high fee, while doing no
>>> bankruptcy advertising, just getting cases by referral. It does not
>>> pass the smell test.
>>>
>>> Also, you said recently that cops make $200,000 a year. Have you
>>> considered joining them?
>>>
>>> P.S.
>>>
>>> No more bs, please.
>>>
>>> On 3/09/06, rrr wrote:
>>>> Ok, now I'm interested...
>>>>
>>>> On 3/09/06, JF wrote:
>>>>
>>>>>> - The income required to pass the means test is not that
>>>>> low, usually in the mid 50s. Clients come up with the money,
>>>>> usually becaue they stop paying their credit card bills.
>>>>> Sometimes relatives pay, which I of course disclose to the court.
>>>>
>>>> Its mid $50 for a Couple. I was running the numbers and it looks
>>>> like 24K for an individual. Or am I running the numbers wrong?
>>>>
>>>>>>> What does your fee agreement say about additional costs in
>>>>>> bankruptcy, for things such as lift stay defense, discharge
>>>>>> objections, etc.?
>>>>> - My standard fee agreement calls for hourly fees for the
>>>>> above, but frankly, I would not expect to get paid for those
>>>>> services. Clients would not have the money, and most judges
>>>>> would not let me out of the case. Sooner or later I will have to
>>>>> bite the bullet and perform one or more of these services for
>>>>> free (part of the cost o
>>>
>>> f doing business).
>>>>
>>>> I thinks thats going to vary by Court. In our district... for
>>>> Chapter 7's all of those things were extra, for Chapter 13's you
>>>> were stuck. Your only remedy was to seek additional compensation
>>>> from the plan. So in theory if there was any money you would get
>>>> paid by screwing the unsecureds. The question is always what will
>>>> the court view as just compensation in these situations.
>>>>
>>>>>> What percentage of your clients get subjected to the means
>>>>>> test, and of that number, how many pass?
>>>>> -All clients face the means test. About two thirds of my
>>>>> new clients have passed; where the clients have not passed, I am
>>>>> reviewing the feasibility of arguing for an exception to the
>>>>> means test. Otherwise, I'll file a 13.
>>>>
>>>> Exception to the Feasibility test? How does that work?
>>>>
>>>>
>>>>
>>>>