Sunday, June 30, 2013

Should You Buy and Read the Book?

A number of people have asked me some variation of the question "How do I know that your book is right for me?"  The answer generally is that if you are asking that question it probably is at least somewhat helpful for you.  I haven't posted on this topic on this site in a while so I thought it might be helpful for me to expound upon this issue a little by reproducing a section I previously wrote about the book.  Which as always can be pruchased how Amazon.com or by clicking one of the various links to the book found on this site.  (just so you don't have to search you can click Here) Anyway here it is...

            This is not a do it yourself bankruptcy book.  This book is for people with questions about bankruptcy.  It is designed to help the reader gain a general understanding about the bankruptcy process with the hope that this understanding will alleviate some of the stress of dealing with issue.  By reading this book you will gain valuable information that will help you make intelligent decisions about bankruptcy. 
There are plenty of do it yourself bankruptcy books on the market.  Unfortunately, these books fall short.  The do it yourself books do little more than provide readers forms and instructions.  This is a different type of book.  It provides an outline of the process.  It is full of examples taken from my experiences as an bankruptcy attorney.  The examples provided are real situations, taken from the hundreds of bankruptcies with which I have been involved.  I have spent a substantial amount of time observing the bankruptcy process.  I have listened to the fears and concerns of my clients, and I have been there to help them through the issues that have arisen in process.  Some examples are based on my experiences as a bankruptcy attorney, and on my clients, others are based on events that I have witnessed while sitting in a bankruptcy courtroom, or in a United States Trustee’s office or hearing room.    
Bankruptcies can go horribly wrong.  When they do it is not a pleasant experience for the individuals involved.  Nearly every time that there is a problem in bankruptcy, it is the result of inadequate preparation.   It could be that the attorney involved did not ask the right questions; it could be that the debtor provided inaccurate or incomplete answers to the questions that were asked by the attorney; it also could be that the debtor or the debtor’s attorney failed to appreciate the consequences of the decisions they were making. But in each of these cases a little preparation and a better understanding of the law could have greatly reduced the cost to the debtor.  Ultimately, it is the debtor that bares the costs of errors. 
The good news is that all or at least most of the problems that could arise in bankruptcy are avoidable.  If the debtor and the debtor's attorney are prepared and well informed about the law and the about the debtor’s financial position, there is no reason for the process to be problematic. 
It is important to remember that this book is not a substitute for legal advice and is not intended to form an attorney client relationship between us.  This book is instead intended to help you begin the process of understanding bankruptcy.  By building this initial understanding, you will be better equipped to make the right choices concerning bankruptcy.  Reading this book should also point you in the right direction.  It should give you the insight necessary to hire high quality legal counsel. 
There are many good bankruptcy attorneys, but there are also many attorneys who file bankruptcies without the benefit of a good understanding of bankruptcy and how it works.  It is for this reason that you need to be informed.  You need to understand the critical issues involved so that when you interview an attorney, you can make sure that you get one prepared for the job of handling your bankruptcy. 

I congratulate you for making the decision to educate yourself about bankruptcy.  By taking this step, you have indicated a willingness to take this process seriously, and as a wise man once told me, “That’s better than not so much.”  

Wednesday, June 19, 2013

IRA Exemption Case

It is well known in Bankruptcy circles that in general IRAs are exempt from the Bankruptcy Estate.  It is less known but still significant that there are exceptions to this general rule.  Recently the sixth circuit decided a case that marginally scales back the reach of these exception.  This is very good news for debtors in Bankruptcy.

You can read the decision here

In this case, James Daley had a medium sized IRA with Merrill Lynch.  When he opened it he signed an agreement that pledged the funds against possible future indebtedness.  The BK court and the District Court said that this transaction exposed the IRA to the reach of the BK trustee.  Fortunately the Circuit reversed.


Check out my book on Amazon or one of the many links on this site.