Law is becoming more and more specialized. Consider hiring Board Certified attorneys when you have a need.
December 2011
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I got a phone call yesterday from an attorney whose name I did not recognize. He said he had practiced bankruptcy law in the Houston area for 18 years. Well, there are only about 200 of us, and to my knowledge I had never heard his name or seen him in court or in a Meeting of Creditors. And I’ve been practicing bankruptcy law here for 30 years come May of this next year.
I often get calls from lawyers, even other bankruptcy lawyers, wanting advice about cases and what I think they should do concerning a particular case, and I will almost always try to help them out the best I can.
Anyhow, this lawyer wanted to “pick my brain” about a case, so he gave me a fact scenario and asked me a question about whether a lady can claim certain property as exempt in bankruptcy. I told him no, that kind of property cannot be claimed as exempt, and don’t even think about filing her in bankruptcy or she will surely lose it, and it is her sole source of income. He said “too late, I already filed the case.” And I said “My God, you are going to have one angry client.”
We talked about some possible ways to resolve the situation, but none are going to be very helpful. It’s just that easy, that case should never have been filed, and he should have known it before he filed it.
It’s just amazing to me how some attorneys (thankfully, not most!) still dabble in areas of law, apparently without doing their homework, i.e. legal research. I don’t know if they are just lazy, think they “know it all,” or are just that desperate to be paid a fee. Whatever the reason, I think that particular lawyer is going to be in serious trouble with that client.
My law firm takes its responsibilities seriously, and we research and study our clients’ cases and situations carefully before we file bankruptcy cases.
I attend from 50-60 hours of continuing legal education each year, and some of those are in far-flung places and at considerable expense. I believe in Brian Tracy’s advice that if you are really going to be successful at something, you should spend at least 3% of your income towards learning as much as you can about it. I’ve been Board Certified in Consumer Bankruptcy Law by the Texas Board of Legal Specialization since 1989. That would be good advice about hiring any lawyer, always at least consider hiring one that is Board Certified in the area of law you are needing.
Being Board Certified means that the lawyer: (1) spends a sizable (over 30%) amount of his or her time practicing that area of law; (2) has passed a rigorous written examination; (3) is experienced in hearings and trials; and (4) has been recommended by at least four of his or her peers, and a judge. Find a Texas Board Certified lawyer at www.tbls.org.
Tools of the Trade
We keep these old law books around the office for show, but in reality we use computerized legal research these days. After entering search terms, our Fastcase® legal research program can search bankruptcy, federal and all 50 states’ case law going back to 1925 in a matter of seconds, and produce all the case law precedent relevant to our legal question. Sure beats the way we used to do it!
Quotes:
“I stopped believing in Santa Claus when I was six. Mother took me to see him in a department store and he asked for my autograph.”
~Shirley Temple~
“What do you call people who are afraid of Santa Claus? Claustrophobic.”
~Author Unknown~
“Christmas is the season when you buy this
year’s gifts with next year’s money.”
~Author Unknown~
A LITTLE HUMOR
The “Surprise Christmas Gift” Edition
The day before Christmas, a young wife told her husband over breakfast, “Last night I dreamed you gave me a diamond necklace for Christmas!” And she smiled. “What do you think that means?”
Her husband grinned back. “Maybe you’ll find out tomorrow.”
Christmas Day arrived, and the husband handed his wife a small box. “Merry Christmas, darling.”
The wife opened it. Inside the box was a book: The Interpretation of Dreams.
It’s the bill collector on the phone—or is it?
It’s only natural to get worried when a debt collector calls you about an overdue bill. Just don’t panic. In a recent alert, the Better Business Bureau warned consumers about con artists who frighten consumers into surrendering their debit card numbers to pay off debts they don’t really owe.
Scammers may have personal information about you that makes them seem legitimate, but don’t be fooled. If you’re not sure about the debt, you can request—or demand—written documentation of the bill before paying it. And never give your credit information to someone over the phone whose identity you’re not sure of.
How many different reasons to celebrate this month?
December is a month of many holiday celebrations crossing a variety of cultures, nationalities, and beliefs. Here’s a quick snapshot of what people celebrate, and why:
• Al Hijra. The Islamic new year, observed in 2011 from Nov. 26 through Dec. 24. Al Hijra marks the emigration of the Prophet Muhammad and his followers from Mecca to Medina in 622 A.D.
• Hannukah. This Jewish holiday begins in 2011 on Dec. 20 (at sundown) and lasts through Dec. 28. Hannukah celebrates the rededication of the Temple of Jerusalem after the Jewish victory over the Maccabees in 165 B.C. Each night, families light one candle on the menorah, observing the traditional story of how the oil for the temple’s eternal flame burned for eight days.
• Christmas. Observed on Dec. 25, this Christian holiday celebrates the birth of Jesus, probably between the years 7 and 2 B.C. The 25th may have been chosen to correspond with the winter solstice or to coincide with a Roman holiday honoring the sun during the same period. Christmas became a federal holiday in the United States in 1870.
• Kwanzaa. A seven-day celebration of African heritage and culture, Kwanzaa is observed from Dec. 26 to Jan. 1. Activist Ron Karenga created Kwanzaa in 1966 to emphasize African-Americans’ shared history and experience. The name Kwanzaa is derived from “matunda ya kwanza,” a Swahili phrase meaning “first fruits.”
Call Us If You Need Us. We Also Welcome Referrals —
Consumer Bankruptcy.
Debt Collection Defense.
Debt Negotiations and Settlements.
Stop Foreclosure/Repossession.
Student Loan Help.
Fair Debt Collection Practices.
I.R.S. Collection Defense.
Family Law.
ARE YOU IN CHAPTER 13 NOW?
Always keep the law office updated with your current address, telephone numbers, and email address. We may need to reach you quickly.
You can check on the status of your Trustee payments, how much you still owe on your case, etc., by going to www.13datacenter.com to set up your user ID and password.
Lose job or overtime? Expenses increase? Want to give up property to lower payments? Call the office for a Motion to Modify worksheet. Complete it and fax it to the office at 713-772-5058. We’ll review it and contact you if a change to your plan is possible.
J. Thomas Black was licensed as an attorney in Texas by the Texas Supreme Court in May, 1982. Mr. Black is Board Certified in Consumer Bankruptcy law by the Texas Board of Legal Specialization.
