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…)

A nice profile about us by Charleston, South Carolina bankruptcy attorney Russell A. DeMott just went live on the Bankruptcy Law Network’s site.  Click below to have a look-see:

• Bankruptcy Bill and BAPCPA Man:  Cartoons come to bankruptcy

http://www.bankruptcylawnetwork.com/2009/11/02/bankruptcy-bill-and-bapcpa-man-cartoons-come-to-bankruptcy/

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Just noticed that if you Google the term “bankruptcy bill,” a Bankruptcy Bill post comes up as the 5th item listed.  Not bad to be 5 out of 8,860,000.

Update: Now we’re #3 out of 9,940,000!  (Not sure what changed.  Maybe the Bankruptcy Law Network post by Russ DeMott helped?)