Now you can get your very own CUSTOMIZED e-Book of BAPCPA Man cartoons!

• Book specs:  20 pages–PDF–11″ width x 8.5″ height; 15 BAPCPA Man cartoons + cover and back page image.
• Each book customized to include your name/firm name + contact information.
• Option to include bio(s), photograph(s) and other graphics.
• Print out as many copies as you want for your clients, yourself or anyone else, and/or…
• Put them on a CD to give to clients, and/or…
• Include a link on your website for a downloadable PDF copy, and/or…
• Use them as slides in a presentation, and/or…
• Come up with other creative uses to impress your clients and friends!  (See Terms & Limits of use below.)

How it works:

1. Send e-mail to bill [/at/] bankruptcybill [/dot/] us to place your order.
2. Include relevant information in your email (e.g., your name or law firm name, contact info, headshot or link to headshot, etc.)
3. Make payment to us via PayPal (by clicking here).  (Or e-mail us for a snail mail address to send a check.)
4. After receiving payment, we will e-mail you your customized copy of the BAPCPA Man e-Book Vol. 1.

Read on to see some sample pages and for pricing information, customization options and more… (more…)

Note:  This site is best viewed using a Mozilla Firefox or Safari browser.  If you are viewing this site using Internet Explorer, you may not be able to view items in the sidebar.  Clicking on any page or post will cause sidebar items to appear.

Special thanks to the following bankruptcy attorneys for their help with the technical aspects of the cartoon:

• Christine Wilton, Esq. – Los Angeles Bankrkuptcy Law Monitor (Los Angeles, CA)
• Law Office of Gregory A. Holbus, Esq. – Wisconsin Bankruptcy Blog (Green Bay, WI)

For additional information on foreclosure and mortgage issues as they relate to bankruptcy, have a look at the following blog posts:

Bruce Weiner (Rosenberg Musso & Weiner) – NYBankruptcyNet (Brooklyn, NY)

• Loan modification scams and U.S. Foreclosure Relief

Haines & Krieger (Las Vegas, NV)

• Should I Stay Or Should I Go?
• Video: Channel 8 News report on Raul Cadenas foreclosure mediation case
• Las Vegas Foreclosure Round-up

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Get your BAPCPA Man and Mortgantua T-shirts, Mugs, Cards and More!

*To see more of Gideon Kendall’s work go to www.gideonkendall.com or http://www.gideonkendall.com/blog.  Or order yourself a copy of Dino Pets, the wonderfully illustrated children’s book written by Lynn Plourde and illustrated by BAPCPA Man’s favorite illustrator, Gideon Kendall.

Note:  This site is best viewed using a Mozilla Firefox or Safari browser.  If you are viewing this site using Internet Explorer, you may not be able to view items in the sidebar.  Clicking on any page or post will cause sidebar items to appear.

Like this cartoon?  Want a customized version for your blog or to use as a greeting card?  We’ll be doing a Christmas/Chanukah holiday cartoon as well.  So get in touch now to place your order if you’d like a customized holiday cartoon image to share with your clients.

E-mail: bill  @  bankruptcybill  .  us

(We’re just getting started with all the creative potential and possibilities.  So stay tuned for more or feel free to contact us to discuss your own ideas.)

In the meanwhile, have a look below at the customized Thanksgiving cartoons we did for the bankruptcy law firms of Haines & Krieger (Las Vegas, NV) and Allmand & Lee (Dallas, TX).

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Get your BAPCPA Man and Mortgantua T-shirts, Mugs, Cards and More!

*To see more of Gideon Kendall’s work go to www.gideonkendall.com or http://gideonkendall.com/blog.  Or order yourself a copy of Dino Pets, the wonderfully illustrated children’s book written by Lynn Plourde and illustrated by BAPCPA Man’s favorite illustrator, Gideon Kendall.

Howdy all you Bankruptcy Bill fans out there!  I’ve been in Austin, TX attending the 28th Annual Jay Westbrook Bankruptcy Conference presented by the University of Texas Law School at the Four Seasons Hotel, and I thought it’d be nice to share a little of what it’s like down here.

Note:  This site is best viewed using a Mozilla Firefox or Safari browser.  If you are viewing this site using Internet Explorer, you may not be able to view items in the sidebar.  Clicking on any page or post will cause sidebar items to appear.

FYI, this cartoon also appears in the Fall 2009 issue of the newsletter for the Bankruptcy Section of the State Bar of Texas along with a nice profile about the Bankruptcy Bill cartoons written by Eric Van Horn, a bankruptcy lawyer with Dallas firm Rochelle McCullough LLP and the writer of the Chapter 8 humor columns in the ABI Journal.  Also, thanks to Judge Alan S. Trust of the Eastern District of New York for his article in the Summer 2009 issue of the Bankruptcy Section newsletter (”Robes Without Stripes”) which provided helpful cultural background for the cartoon.

Highlights of the conference included:

1. Learning that both Professor Jay Westbrook and Judge Keith Lundin both have extensive collection of bankruptcy-related cartoons, and that both Texas and Tennesse have had bands comprised of musical bankruptcy judges who like to write and play bankruptcy-related songs.
2. Judge Lundin’s monogrammed bowling shirt with “High on BAPCPA” on the back.
3. A spirited discussion between Hugh Ray (McKool Smith) and Bruce Grohsgal (Pachulski Stang Ziehl & Jones) on the topic of “Who’s Really in Charge Here?  Reorganizations in the Shadow of Chrysler and GM.”
4. Learning that Byrnie Bass’ son Brett is a professional bass player and that he not only has played with Enrique Iglesias but currently plays in a band with former Spin Doctors lead singer–and my high school classmate–Chris Barron.  (Here’s an article about Brett from Lubbockonline.com.)
5. Cartoon brainstorming with Andrew Eckerman (Conway Mackenzie, Inc.), Melissa Hayward (Franklin Skierski Lovall Hayward), Jesse Moore (Hunton & Williams), Ian Roberts (Baker Botts), Tim Million (Munsch Hardt Kopf & Harr) and Eric Van Horn (Rochelle McCullough).
6. Jogging around the lake and arriving at the Congress Avenue Bridge just in time to see the largest urban bat colony pour out for its evening activities.
7. Hearing Evelyn Biery (Fulbright & Jaworski) recount her role as Anna Nicole Smith for a previous bankruptcy conference musical send-up.
8. An in depth discussion of organic farming with Joe Martinec and Weldon Ponder.
9. The Third Annual Westbrook Bankruptcy Conference Cocktail Reception at Austin hotspot Lanai, hosted by the Young Lawyers Committee of the Bankruptcy Section of the State Bar of Texas.  (Thanks to Jay Ong (Munsch Hardt Kopf & Harr), Layla Milligan (Staff attorney for Chapter 13 Trustee) and Eric Van Horn (Rochelle McCullough) for organizing!)
   

   "Ain't that Texas cookin' good!"

10. Obtaining valuable advice from Brian Abramson (Diamond McCarthy) on the topic of sleep training for infants.
11. Barbecue from Stubbs, Iron Works and (at the airport) Salt Lick.  (Thanks to Guy Clark for the inspiration!)
12. Keeping Austin Weird.
13. Having a chance to meet so many wonderful folks on my first-ever visit to the Great State of Texas.  The conference had an extremely friendly and collegial atmosphere, and everyone from associates to partners to judges were accessible and enjoyable to meet.

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Get your BAPCPA Man and Mortgantua T-shirts, Mugs, Cards and More!

*To see more of Gideon Kendall’s work go to www.gideonkendall.com.  Or order yourself a copy of Dino Pets, the wonderfully illustrated children’s book written by Lynn Plourde and illustrated by BAPCPA Man’s favorite illustrator, Gideon Kendall.

"So I ran into Bill in the clerk's office in Boston recently..."

Friends of Bankruptcy Bill (FOBB) are experienced consumer bankruptcy lawyers willing to share their thoughts and answer bankruptcy questions on this site. Feel free to get in touch if interested in contributing as a FOBB.

Bill McLeod is a Boston-based bankruptcy attorney, representing creditors and debtors with over 15 years of experience. You can learn more about this and read more of his blog posts at www.mcleodlawoffices.com. Follow him on Twitter.  Find him on Facebook.

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When you discover that you are a creditor in a bankruptcy case…

Bill McLeod, Esq.

Recently, I was in the clerk’s office in Boston and overheard two people ask the clerk which forms needed to be filed in a bankruptcy case.  But this person was not a debtor – they were a creditor.  Their landlord had filed bankruptcy.  The former tenant was looking for their security deposit back, and was going to sue the debtor in small claims.  I couldn’t help myself – and I butted in.

“You need relief from the automatic stay.”

“The stay applies even to me?” one asked.

“It applies to everyone.”

After that short exchange, I thought I would put together a short checklist of things to do when your landlord – or someone else you know who also happens to owe you money – files a petition seeking bankruptcy protection.

• Don’t panic.

People have the right to seek bankruptcy protection.  Simply because they do does not mean that you’re not going to get paid.  On the other hand, simply because I am encouraging you not to panic should not be read to mean that you are going to get paid.  But still, don’t panic.  In my experience, panic can lead to actions that can get you into more trouble…such as violating the automatic stay…so with that said…

• Don’t violate the automatic stay.

The automatic stay applies to all creditors.  It does not matter if you’re a big bank or a friend or neighbor of the debtor, the same rules apply.  There are very limited exceptions to the automatic stay and you should not assume that you fall under one of those exceptions.

If you know that someone has filed bankruptcy, do not call the debtor and ask about payment.  Do not send them a letter.  Do not sue them – even in small claims court.   Don’t assume that just because you heard about it from a third party and did not receive any written notice does not mean that the automatic stay does not apply to you.  Stay violations can be costly.  Willful violations of the stay can be very costly.

Call an experienced bankruptcy attorney to determine what your next course of action should be (such as filing a motion for relief from the automatic stay).  And remember, the court clerk’s office cannot give you legal advice.

• Consult with an attorney.

At a very minimum, talk to a bankruptcy attorney.  Be prepared to explain the basis of your claim against the debtor and why (more…)

Bankruptcy Bill will be in Texas this week, both literally and virtually!

1.  I’ll be attending the Jay Westbrook Bankruptcy Conference at the University of Texas Law School, which means I’ll be in Austin, TX from Wednesday, Nov 18 through Friday, Nov 20.

2.  A special “Texas edition” of Bankruptcy Bill will be running in the newsletter for the Bankruptcy Section for the State Bar of Texas due out this week along with a profile about the cartoon.

I’m looking forward to meeting any Bankruptcy Bill and BAPCPA Man fans in attendance, so please come up and say hi if you recognize me or feel free to get in touch in advance as well.

-Steven

E-mail: bill [/at/] bankruptcybill [/dot/] us

What happens when you take two spirited six-year-old boys who love to use their imagination and pretend to be Power Rangers, and it also happens that both of their fathers are bankruptcy attorneys?

Read this amusing post by Long Island bankruptcy attorney Craig Robins to find out.

"...and they tried to collect the debt right on the ski lift."

Friends of Bankruptcy Bill (FOBBs) are experienced consumer bankruptcy lawyers willing to share their thoughts and answer bankruptcy questions on this site. Feel free to get in touch if interested in contributing as a FOBB.

Gailyn Wink handles personal and small business Chapter 7 and Chapter 13 bankruptcies for Wink & Wink, P.C. She focuses on adversary proceedings and other bankruptcy litigation.  For more information, go to www.winkandwink.com.

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Debt Collection in Colorado:  Know your rights

If you are struggling with debt, there’s a good chance you are also struggling with unwanted contact from debt collectors. Sometimes these are your actual creditors, the ones you signed a contract with, but often the person calling you works for another company altogether because your debt has been sold to a debt collection agency. No matter who is contacting you about your debts, it’s not a good feeling. And when debt collectors cross the line, it can be downright scary. Knowing your rights where debt collection is concerned is important and empowering. Here’s some information about debt collection in Colorado that can help you get some control back if you are in that situation.

THE FAIR DEBT COLLECTION PRACTICES ACT

The Fair Debt Collection Practices Act, often referred to as the “FDCPA” was passed by Congress to reduce abusive, deceptive and unfair practices by debt collectors and to give consumers affected by that abusive behavior a remedy for violations: cash damages.

The FDCPA applies to debt collectors working to collect debts due to someone other than themselves. This means that the Act does not apply to in-house collections, such as when a department store with whom you have a credit card contacts you directly. There is an exception if the collector uses any name other than his own which would indicate that a third person is collecting or attempting to collect the debt.

WHAT THEY CANNOT DO

Talking to Other People: When contacting a third party (anyone other than you), debt collectors can only attempt to find out where you live and where they can contact you. They must correctly identify themselves, but they cannot tell the third party that they are calling about debt collections. They cannot call third parties if they already know where to find you. They cannot call third parties more than once (unless that person asked them to call back).

Talking to You: Debt collectors cannot contact you at unusual or inconvenient times. This means no calls before 9:00am or after 8:00pm (unless you or a court has authorized times outside of these boundaries). Debt collectors cannot contact you if you are represented by an attorney. Debt collectors cannot call you at work if they know your work does not allow you to receive such calls (tell them this the first time they call!). And very importantly, they have to tell you who they are and, if you ask, who they are working for, and that anything you tell them is going to be used to collect on the debt.

They Must Play Nice: The FDCPA prohibits abusive and (more…)

It’s official.  Bankruptcy Bill (’s creator) has joined the American Bankruptcy Institute (ABI)!

"No, Struck, I don't think there's any chance they'll change their name to the American Bankruptcy Bill Institute."

The New York Times‘ Andrew Ross Sorkin is apparently a fan of Bankruptcy Bill, as evidenced by his recent mention of us in “Talk to the Times:  Andrew Ross Sorkin“:  http://www.nytimes.com/2009/10/19/business/media/19askthetimes.html?_r=2&pagewanted=all

Sure it’s at the very end.   But we’re definitely not going to quibble.  We just hope that no one’s actually making investment decisions based on our cartoons.

Hey Andrew!  Let us know when you’re ready to “meet” Bankruptcy Bill and we’ll cartoon-ize you for a strip.

(For more on Andrew Ross Sorkin, check out this Nov 8 New York Magazine article about him and his book, Too Big to Fail,which should probably be added to Bankruptcy Bill’s recommended reading list.)

Bankruptcy Bill

and the following blog-loving bankruptcy lawyers:

• Bruce Weiner (Rosenberg Musso & Weiner) – NYBankruptcyNet (Brooklyn, NY)
• George Haines & David Krieger (Haines & Krieger) (Las Vegas, NV)
• Russell A. DeMott – Charleston Bankruptcy Blog (Charleston, SC)
• Nancy Rapoport (nancyrapoport.blogspot.com), the Gordon Silver Professor of Law at the William S. Boyd School of Law (UNLV)

are pleased and excited to announce the first-ever…..

Bankruptcy Song Contest!

1.  FIRST PRIZE: Announcement of the winning entry in a BAPCPA Man cartoon (which will include a cartoon drawing of the winner as one of the characters), plus a signed print of the cartoon.

2.  SECOND PRIZE: A BAPCPA Man t-shirt (or other item from our fabulous catalog of BAPCPA Man and Bankruptcy Bill merchandise on Zazzle)

PLUS…

3.  DONATION:  Bankruptcy Bill and each of the above-listed sponsors will collectively make a donation to the National Consumer Law Center in the amount of $25 for each song submitted in this contest.*

Submission Deadline: Wednesday, December 9, 2009, 5:30 pm EST

How the contest works:

1. E-mail your song(s) to bill [/at/] bankruptcybill [/dot/] us.  (Up to 5 submissions allowed per person or group.)  Submissions are just lyrics, by the way.  Do not send music.  (That’ll come later.)
2. Include: (1) Your name(s), (2) your law firm name (if applicable and desired), (3) city & state, (4) a short 1 or 2 sentence bio about yourself, and (5) any links or contact info.  (All of this info will appear with your song submission when it’s posted.)
3. After the deadline, all entries will be posted on the Bankruptcy Bill site and readers will be invited to vote.
4. The winning entry will be announced in a BAPCPA Man cartoon strip, and the winner will be a included as a cartoon character in the strip.
5. Stay tuned for a future contest/project where we invite people to submit recordings of the songs.

Comments:  Contest is open to anyone and everyone. Songs must be original, i.e., written by the person(s) submitting.  However, it doesn’t have to be new.  It’s fine if you already wrote it 3 years ago while sitting through a deathly boring CLE presentation.  Songs can be about anything and in any style, as long as they tie in to bankruptcy somehow. You’re more than welcome to indicate if the lyrics are intended for a particular tune or style of music, though it’s not necessary.

Intellectual Property: By sending us your submission, you’re of course giving us permission to post the song lyrics on the Bankruptcy Bill site.  But don’t worry.  Other than that, you keep all the intellectual property rights in the song.

*Contest Modifications: Since this is the first time we’ve tried something like this, we reserve the right to modify the rules or adapt appropriately using logic and common sense if there’s something we overlooked or that needs to be addressed.  Also, if we receive some unexpectedly large number of submissions, we’re not going to bankrupt the sponsors/donors or overly tax their coffers.  We’ll just cap it at some appropriate amount, probably work a reference into cartoon somewhere and just go with that groovy BAPCPA flow.

Why are we doing this? Because it’s fun and educational.  The goal is to draw on the latent creativity out there in the bankruptcy world, come up with some good (or at least half-decent) songs, build on the liturgy of bankruptcy pop culture and have a good time with all of this along the way.

Questions? E-mail bill [/at/] bankruptcybill [/dot/] us

Inspiration: Have a listen to Bankruptcy Lover, the original country song about corporate bankruptcy.  Click here for the lyrics.  (For the record, Bankruptcy Lover is not eligible for this contest.)

Additional Inspiration (11.15.09): Check out this post by bankruptcy lawyer Craig Robins on his Long Island Bankruptcy Blog which includes an already existing bankruptcy song by Michael Silverstein of Bloomberg Financial Press on his website www.wallstreetpoet.com.

"So I says to Greg..."

Gregory A. Holbus, Esq. is a Green Bay, Wisconsin-based bankruptcy attorney licensed to practice in both Wisconsin and Michigan. To learn more about Greg, you can visit his website (www.holbuslaw.com) or his blog (wisconsinbankruptcy.blogspot.com).

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Greg Holbus, Esq.

U.S. Supreme Court to decide Means Test Issue, In re:  Lanning

Before I get to the heart of the story, allow me to give you a quick refresher about the Means Test and what it means for a bankruptcy petitioner.

To grossly over-simplify the Means Test, it is basically Congress’ attempt to create a mathematical formula to objectively determine how much money, if any, a debtor can afford to pay to creditors holding unsecured claims. It (Form B22) determines whether you qualify for a Chapter 7, in which all of your unsecured creditors are discharged. And if you don’t qualify for Chapter 7, the same form determines how much income is available to those creditors.

A number of statutory deficiencies exist which have given rise to disputes and some bizarre interpretations to several aspects of the Means Test, often resulting in gross inequities. One example is whether a Chapter 13 debtor can take deductions on the Means Test for payments on a secured debt which the debtor intends to surrender because the payments are contractually due at the time of filing. In re: Dionne, in the Eastern District of Wisconsin says they can. I feel awkward writing about that decision because for one thing – this decision is favorable to debtors, and I am a debtors’ counsel. Also, I have nothing but respect for the judge who rendered the decision.

But I respectfully disagree that a debtor should be allowed to deduct payments on a loan that the debtor knows full well they will not pay again in the future.  Fortunately for me, (more…)

Popular law blog Law Shucks not only appreciated Fantasy Bankruptcy #2 but laid down the challenge for someone to create real fantasy bankruptcy in its Quick Shucks 10.30.09 edition.

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"So I says to Russ..."

Friends of Bankruptcy Bill (FOBB) are experienced consumer bankruptcy lawyers willing to share their thoughts and answer bankruptcy questions on this site. Feel free to get in touch if interested in contributing as a FOBB.

Russell A. DeMott, Esq. is a Charleston, SC-based bankruptcy attorney with over 14 years of experience representing debtors in wide range of bankruptcy matters.  Originally from Michigan, he is licensed to practice in both South Carolina and Michigan.  To learn more about Russ, you can visit his website (www.scbankruptcyattorney.com) or his blog (www.scbankruptcyattorney.com/blog) and also find him on Facebook and Twitter.

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Russell A. DeMott, Esq.

Filing Bankruptcy to Surrender Assets (Sometimes it’s best)

When evaluating your financial situation, don’t let your emotions get in the way.  Chapter 7 or Chapter 13 bankruptcy may be the right solution, especially if you have assets with no equity.

I recently met a very distressed client.  He had three houses that he had been trying to keep for over two years.  Two of the properties were worth over $400,000 each.  One was worth about $200,000.   However, on each of the properties, the mortgage balances far exceeded the value.  The client had over a million dollars in property, but he owed far more than that.

As we discussed his financial goals and ability to pay his debts, I explained to him that the calculator on my desk was worth more than all three of these properties combined.  He looked puzzled.  After I explained that the calculator was worth something–at least a dollar–and that I owned it free and clear of any liens, I could see that he finally understood.  He also understood that the house payments he’d been paying were nothing more than rent.  It would be years and years before he even got to the break even point with the properties.

Photo by Michael Mulligan

He had been struggling for years to keep the properties.  He’d tried the HAMP (“Home Affordable Modification Program”), he’d tried negotiating, and he’d written letters.  All this was to no avail.  He was emotionally exhausted.  My recommendation was that he file a Chapter 7 bankruptcy and surrender the properties.

He left relieved.  He looked like a weight had been lifted from his shoulders.  He understood that he couldn’t go on like this and was glad he took time to learn that the bankruptcy laws could give him a fresh start.

Keep in mind that the value of your property is in the equity (fair market value less what you owe on it in mortgages and other liens).  If you have no equity and you can’t afford the monthly payments, you need to take a hard look at just why you are trying to keep these properties.  Think with your head and not your heart.  And keep focused on what’s really important in life.

"So I says to Bill..."

Friends of Bankruptcy Bill (FOBB) are experienced consumer bankruptcy lawyers willing to share their thoughts and answer bankruptcy questions on this site. Feel free to get in touch if interested in contributing as a FOBB.

Bill McLeod is a Boston-based bankruptcy attorney, representing creditors and debtors with over 15 years of experience. You can learn more about this and read more of his blog posts at www.mcleodlawoffices.com. Follow him on Twitter.  Find him on Facebook.

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Bill McLeod, Esq.

Who really files for bankruptcy?

What leads a person to the steps of the bankruptcy court seeking relief from debt? That is not an easy question to answer – although there are some out there who may think they know the answer. But as I was digesting a recent opinion out of the Bankruptcy Court in the Northern District of Texas, I read the following:

Anecdotally, this court notes that it sees all sorts of consumer debtors come through the bankruptcy system. At one end of the spectrum, there are individuals who have been plagued with many bad circumstances that have led to their financial demise-such as health problems, injuries, medical bills, job loss or instability, divorce, or death of a bread winner. At the other end of the spectrum, there are individuals who have been blessed with good health and adequate jobs and resources, and yet have somehow created a mountain of consumer debt that they (and probably their creditors) should have known could never be repaid. Some of these latter individuals have even engaged in some sort of fraud along the way-perhaps in a loan application at some point, or with intentional avoidance and nonpayment of taxes, or by hiding assets before entering into bankruptcy.

But the vast majority of debtors this court sees fall somewhere between the two extremes. They are individuals who probably cannot honestly blame “bad luck” as the cause of all of their woes. And many of them have made more poor choices than wise ones, and such choices have finally caught up with them.

So what does this mean, and why am I sharing it with you? The easiest answer is that it is my experience that the court is right. However, there’s a rather significant “but…” (more…)