Bankruptcy Articles

Bankruptcy is a complex interaction of numerous laws (federal and state) that should not be attempted without competent legal counsel. Do not use document preparers or attorneys who do not devote their entire practice to bankruptcy law. The majority of consumer bankruptcy attorneys provide free or low-cost initial consultations.

James Madison, Jr. oil on canvas, Bradley Stevens (after Charles Willson Peale), 2002, Collection of the U.S. House of Representatives

“There is not a more important and fundamental principle in legislation, than that the ways and means ought always to face the public engagements; that our appropriations should ever go hand in hand with our promises. To say that the United States should be answerable for twenty-five millions of dollars without knowing whether the ways and means can be provided, and without knowing whether those who are to succeed us will think with us on the subject, would be rash and unjustifiable. Sir, in my opinion, it would be hazarding the public faith in a manner contrary to every idea of prudence.”

– James Madison

Because Jay and I are devoted to treating you with respect and are here for you.

You may be wondering why I chose bankruptcy as my primary practice area.

It’s simple: this area of law reminds me of why I went to law school in the first place: to help others in need. My goal is to be a savvy guide for my clients. Help them bridge the gap between their needs, the law, and the bankruptcy process. I don’t tell my clients what to do; rather, I educate them on legal and practical issues so they can make informed decisions.

As a law professor, I used to explain to my students how bankruptcy laws are comparable to magic.

When a bankruptcy is filed, the debtor and their property are protected by a “magical” umbrella known as the automatic stay. This umbrella is so strong that it stops practically everyone – including the IRS – in their tracks. A mortgage company, bill collector, or creditor cannot interfere with the debtor or any of the debtor’s property unless a court orders otherwise. There is relief at the conclusion of a well-planned bankruptcy, but it will take dedication to the process — accuracy and thoroughness.

Golden Bridge, Thien Thai garden, Ba Na Hills (Da Nang)

“Let this be your peace bridge.” During this trying time, I’d like to be your guide.”

– Diane Drain