W. GLENN ENRIGHT
ATTORNEY AND COUNSELOR AT LAW
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Glenn's Take...
My bio and information about my experience and the ELC approach to life and bankruptcy is included elsewhere on the ELC website so I won't repeat it here. While a lot of technical information is included on the ELC website, I wanted to also provide a little light reading. So Glenn's Take is not intended to be an "encyclopedia of Bankruptcy" or a "How To" for filing a bankruptcy case. There are many step-by-step resources available for this purpose.
Glenn's Take is intended to provide a general discussion and reflection on the bankruptcy process and the human experience based on my 30 years as a practicing bankruptcy attorney. It's more like "Bankruptcy, The Novel".
Like my practice, special emphasis is given to the human side of finances and bankruptcy and how it impacts those who participate in the process.
Included are reflections on the topics of business, personal and family finances, debt, lifestyle, history, philosophy, politics, religion, culture, etc., Moral support? A bit of tough love? Perhaps. But I have made an effort to keep things on the light side. To that end I have tried to inject a bit of light-heartedness and humor in an effort to help temper the harsh realities of dealing with misfortune generally and debt issues specifically. So rather than espouse further I will let the drama unfold as you read through the articles.
I hope you enjoy the reading (and the photos which have nothing to do with bankruptcy but hopefully evoke pleasant feelings) and that it provides some information and perspective that is helpful to you in your journey. And, Yes! I love the beach!
We've Done the Reading (So That You Don't Have To!)
After looking at a lot of other attorney websites, my goal in creating the ELC website was to keep it simple and straightforward. That is also how I want your experience with debt resolution to be. This does not mean I will rush you through the process. On the contrary. I worked for a large firm when I first started out and I was reprimanded for spending too much time with my clients.
So it is my nature to provide all of the attention and guidance you desire and answer all of your questions and take you as deep into the details as you like. With the flat fee structure based on a routine case, there is typically no meter running on the time I spend on your case. And, I do appreciate that there are those who want to engage more and learn as much as they can about bankruptcy.
But my guiding philosophy is that it is my job to do all the reading and know the law so that you don't have to. When I go to get my car repaired, I do not need a treatise on the history of the internal combustion engine. I just want my car repaired. In my view, there is a fine line between providing you with what you need to make an informed decision and overwhelming you with too much of the details of how the sausage is made.
Many attorneys maintain multi-page content heavy websites that include a lot of legalese and technical jargon in order to improve their SEO (search engine optimization). The idea is that the more content you have on your site, the higher you move up in the search results regardless of the quality, accuracy or helpfulness of the content.
But, as with my approach to the practice of bankruptcy law, my focus is on the human side of the experience and how it impacts those who participate in the process. To promote a more streamlined and personal experience, I think it is important to provide you with the information that applies to your situation. My aim is to minimize your exposure to the world of bankruptcy as much as I can so that you can move on with your new debt free life with as little baggage and as few memories about bankruptcy as possible.
What is a Virtual Law Practice?
With a Virtual Law Practice you have the convenience of obtaining legal services from where ever you may be!
A Virtual Law Practice is a law firm that provides legal services via various electronic communications, telephone, email, video conference, and online portals. More and more people are becoming aware of the availability and convenience of obtaining certain legal services from virtually (that word again) anywhere without having to physically travel to an attorney's office.
So, even though the public health concerns about the COVID virus have lessened, the growing interest in obtaining legal services virtually continues to be driven by changes in consumer behavior and the rise of a new class of clients who expect their lawyers to work online with them. Experts have noted, the platform for the delivery of legal services is rapidly shifting from in-office interaction to the internet. A new generation of web-savvy clients have the internet in their DNA. These clients play, learn, shop, communicate, make travel arrangements, bank, amuse themselves, interact and do everything else online. Why would they not expect their lawyers to also serve them online?
At Enright Law Center the virtual practice business model allows us to provide more convenient and efficient assistance to our clients, more options for communications, more accessibility, and the ability to provide legal services at reduced costs.
Enright Law Center is and has been and continues to be ahead of the trend towards replacing expensive brick-and-mortar, wood-paneled, leather chaired, law offices of the past with the efficient and more accessible virtual practice which directly benefits the legal services consumer.
Crisis = Opportunity?
It is helpful to have optimism in the face of a crisis and good to be aware of the opportunities that may be available to gain something positive
Many people, including self-help gurus and optimists, like to point out that the Chinese use the same word to describe both crisis and opportunity believing that this supports the belief that in every crisis lies an opportunity, depending on your point of view.
This is however, according to linguist and the Chinese themselves, a convenient misinterpretation resulting from the complexity of the Chinese written language. When written in Chinese, the word "crisis" is composed of two characters. One represents "danger" and the other represents "opportunity". Each character can mean very many different things in many different contexts, and also depending on the other characters with which the symbol is paired. Experts say this example illustrates the absurdity of trying to transliterate every individual character in Chinese - it may sometimes work but not always.
In this case, the characters in question actually mean something like “incipient moment", "crucial point" or "moment of change". Not necessarily that the change is going to be a positive one. In any case, the manipulation of the true meaning typically goes unchallenged in the western world.
When written in Chinese, the word "crisis" is composed of two characters. One represents danger and the other represents opportunity.
Let's just run with the idea that it is helpful to have optimism in the face of a crisis and that it is also good to be aware of the opportunities that may be available to gain something positive from your bankruptcy case beyond resolving the current crisis.
Filing for bankruptcy involves a very thorough examination of your finances. In fact, it is probably the most invasive and detailed financial scrutiny you'll ever experience. As such, it presents an opportunity to identify ways that, in the future, you could avoid or better prepare for the financial issues that necessitated the bankruptcy filing.
A controlled, informed, purposeful and affirmative approach utilizing the bankruptcy process as part of a coordinated reorganization or transition strategy rather than a drastic effort to try and accomplish the impossible or delay the inevitable can make a lot of difference in the final outcome of your case and beyond.
That is why it is important to include a reasoned and realistic analysis of your circumstances with a goal of developing a debt resolution strategy that takes into account the bigger picture. You need a plan to resolve the immediate issues while also recognizing the opportunity to address long-term goals and facilitate a return to financial stability and security.
Bankruptcy State of Mind
My recommendation is to stay positive and try and maintain the mindset that your bankruptcy case is and will remain throughout the process the cooperative, collaborative, common goal, alliance that it is intended to be.
While most people are optimistic about the benefits of filing for bankruptcy, I can't remember the last client I had who was actually looking forward to going through the bankruptcy process. That's probably due to the fact that I don't think I've ever had one.
Some people may come to bankruptcy with a hostile and antagonistic "me against the system" attitude. This approach often leads to your bankruptcy becoming a contentious adversarial affair.
Others adopt a more humble apologetic perspective and may even feel guilty about filing for bankruptcy taking all of the fault on themselves. I'm not a psychologist but I have made some observations about human behavior having spent so many years assisting people in difficult times and unfamiliar circumstances. It can be a real test of your ability to cope and persevere.
I like the sentiment expressed by the football team motto from a popular TV show, “clear-eyes, full hearts, can’t lose".
You must view the situation and challenges you are facing with "clear eyes" and without judgment, misconceptions or unrealistic expectations and with a clear perception of your goals and the options available to achieve those goals.I like the sentiment expressed by the football team motto from a popular TV show, “clear-eyes, full hearts, can’t lose". You must view the situation and challenges you are facing with "clear eyes" and without judgment, misconceptions or unrealistic expectations and with a clear perception of your goals and the options available to achieve those goals."Full hearts" represents the importance of recognizing and embracing the emotional and psychological elements of the situation and bringing patience, courage, determination, and perhaps a little moxie to the process. "Can't lose" is simply about maintaining a positive, confident attitude as you work towards resolution of your debt issues. So, while I do not suggest that you should look forward to filing for Bankruptcy, I do believe a cooperative and positive approach will result in a better experience and likely a more beneficial outcome.
Fast is Okay, But Avoid the Furious
A sense of urgency in filing a bankruptcy case is certainly appropriate in certain situations, such as a pending foreclosure, lawsuit, wage garnishment, or bank levy. But the approach should still include a reasoned and realistic analysis of your circumstances with a goal of developing a debt resolution strategy that takes into account the bigger picture.
You need a plan to resolve the immediate issues while also recognizing the opportunity to address long-term goals and facilitate a return to financial stability and security going forward. You should avoid the “Thelma & Louise” approach offered by those bankruptcy professionals who are thinking only about getting you to file a case regardless of the consequences.
A simplistic, short-term approach to filing a bankruptcy case may have serious and unexpected consequences and result in a debtor sacrificing valuable rights and resources that could have been utilized in a more meaningful and beneficial way.
For example, with respect to many steps along the way, there may be more than one way to characterize an asset or situation or state your intentions with regard to certain debts or property. And, the information you provide in the initial filing is extremely important and critical to how your case proceeds and in the final outcome as you do not always get a "do-over". Once you characterize a debt or an asset in a particular way, you may not be able to say "what I meant was . . . ".
As such, it is important to have the guidance of an experienced, competent bankruptcy attorney who knows the law and how to guide you in a way that provides the least amount of risk while allowing the greatest benefit. You do not want to create more problems while trying to resolve the ones you started out with.
In addition, a lack of analysis and preparation in the initial going can put you in a defensive stance and put you at a clear disadvantage. You do not want to be back on your heels as the bankruptcy case is proceeding. Bankruptcy should be thought of as a saber in hand rather than a white flag of surrender.
What Bankruptcy Can Do For You
Bankruptcy can assist you in dealing with all types of debt. It can stop creditor calls, wage garnishments, bank levies, repossessions, foreclosures, law suits and other debt collection activity. It can eliminate credit card, debt, medical bills, personal loans, judgments, liens and in some cases, mortgage and Tax debt. It can be used to wind down and dissolve a business and liquidate business assets, terminate contracts, and essentially facilitate an exit strategy from Financial ventures and commitments that are no longer viable or beneficial. It can help protect your assets.
Bankruptcy can provide much needed relief from debt and provide a fresh start to your financial future. However, it is also important that you know what bankruptcy cannot do. After over 30 years practicing Bankruptcy law, I am here to tell you that, when done properly, the system works as advertised and there is an overriding theme of fairness and equity that is unlike many other areas of our legal system. But there are limitations. I frequently hear from people who have gone through bankruptcy either on their own or through an attorney who find
themselves dealing with debt issues that to their surprise and dismay were not resolved in the bankruptcy. Unfortunately, they were not given all of the facts before they filed.
It is important that you are provided with the good, the bad, and the ugly and hear the “However's” and “Unfortunately's” before deciding if bankruptcy is your best option.
Beware and avoid the Bankruptcy sales pitch. Bankruptcy can provide a tremendous benefit when done properly but it is not the "Elixir of Life" that some may represent it to be and it is not the right choice for every situation.
While I avoid overwhelming my clients with too much information, I make sure that they have the information needed to do a meaningful cost/benefit analysis before proceeding. There is often significant benefit to be gained but you must guard against unrealistic expectations. Bankruptcy may not be the panacea or magic wand that you hoped it would be. In some cases, there are compromises to be made. That is why it is important to make sure your attorney has the ability and experience to minimize the risks and make sure you get the maximum benefit from the process.
I Love Tall Buildings!
I love tall buildings! I often look at pictures of tall buildings. I will pause when viewing a TV program or movie where they show those token views of a big city skyline and just wonder what goes on in each of those buildings and who owns and works in them and I marvel at how each building is practically a city on its own.
But does a picture of a skyline or an impressive building on a website in which the person may or may not have an office really tell you much about the person, their experience or qualifications and whether you would want to work with that person? Do they occupy the whole building? A couple of floors? Perhaps an executive suite that they share with a cosmetics rep? Is it one person or 100? Just one of my pet peeves. Grandiosity is fine when it has some basis in reality but not when it is grossly pretentious.
I know, I am a little guilty of this myself in doing business as "The Enright Law Center". I originally had hopes of practicing as a non-profit so I wanted my firm name to have a bit of a legal clinic sounding name and have a "welcome to all" tone. Alas, things did not go in that direction. But I realize it does conjure up images of an impressive building (think large columns like a courthouse) wherein a collection of great legal minds from different disciplines are brainstorming about today's most important and relevant legal issues. But no, its just the three of us.
Is Paying for a skyscraper attorney to enjoy an impressive office and a nice view really your best option? There are different ideas of what makes a beautiful skyline.
As a virtual law practice, our working space, to most people, would appear fairly modest. No tall buildings here. Nor are many of the pictures on our website of or indicative of our specific work environment. But while our confines are not so much opulent, we do get the work done. We are not distracted by views of a city skyline, boats in the bay, or planes flying by our windows. Views for which our clients would be paying. Our goal is to make legal assistance available to as many as possible at the most reasonable costs possible. So let the skyscraper attorneys enjoy the views and the wannabes fantasize about having an office in one of those buildings! We prefer keeping our services affordable and having windows that you can actually open and close.
