Marietta, Georgia bankruptcy attorney Howard Rothbloom answered these questions to give prospective clients insights into what they can expect in working with The Rothbloom Law Firm.
Q The decision of whether to file for bankruptcy is quite difficult. On what basis should a person make that decision?
A A client once said to me that owing more than he was able to pay made him feel as if his life was threatened. The stress associated with financial problems can manifest itself emotionally and even physically. Bankruptcy is a means to alleviate this stress and its many effects. Bankruptcy is not the problem, it is the solution. Whether a person should file for bankruptcy is sometimes very clear. In other situations, there is no right or wrong answer; it's a personal decision. A person's decision to file for bankruptcy should be based upon what is in the best interest of their own well-being -- their physical and their mental health -- because everthing flows from that: the well being of their family, the strength of their relationships, their work performance and ability to earn a living, and their happiness. Not every person's well being would be enhanced by filing for bankruptcy, but for some, it will be, and for them, bankruptcy is the best option.
Clients often say, "I am not like others who file for bankruptcy; I have tried hard to pay my bills." Well, my response is the same to each client: "Actually, you are exactly like others who come to see me about filing for bankruptcy. My clients are typically honest, decent, hard working people who have suffered some misfortune.” It is a myth that bankruptcy is for people that don’t want to pay their bills. Bankruptcy law brings order to financial disorder; it protects the rights of people who are unable to pay their debts… the honest, but unfortunate debtors. Bankruptcy affords people an opportunity to get back on their feet and to live good, productive lives.
“Not every person's well being would be enhanced by filing for bankruptcy, but for some, it will be, and for them, bankruptcy is the best option.”
Q What does The Rothbloom Law Firm's tag line "personalized bankruptcy" mean?
A We take the time to analyze each client's situation and to counsel and advise them. The Rothbloom Law Firm's clients know who they are speaking with when they call with questions about their cases. Clients’ matters are handled by the firm’s experienced professionals. Working together, our lawyers and our and paralegals strive to treat clients in the way that we would want to be treated ourselves: with personalized attention and care.
“The Rothbloom Law Firm’s clients know who they are speaking with when they call with questions about their cases.”
Q So, why, in addition to personalized care, should a client choose to be represented by The Rothbloom Law Firm in a bankruptcy case?
A The attorneys and staff of The Rothbloom Law Firm have the training, technology, and experience necessary to overcome the many challenges presented by today's cases. The challenges have grown and are constantly evolving since the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) of 2005 imposed stricter eligibility standards on consumers seeking relief in the bankruptcy court. As a result, consumer bankruptcy advocacy has become more specialized, more difficult, and more important than ever.
Today, bankruptcy law practice is more complicated than before the 2005 change in the law. To be most effective, a lawyer needs to be a specialist. In the past, a general practitioner could handle bankruptcy law along with family law, criminal defense, and real estate. Those days are gone for good. We have been handling bankruptcy cases since 1986.
Because The Rothbloom Law Firm focuses on providing the highest quality in legal services to clients, clients receive personalized professional advice and advocacy, along with an exacting attention to detail.
“Today, bankruptcy law practice is complicated. To be most effective, a lawyer needs to be a specialist.”
Q Well, it sounds like you actually embrace the challenge of resolving complicated, unique and borderline consumer bankruptcy cases.
A We do; we often handle cases that need more intensive care and attention. For example: upon quick review, a client may find that she does not pass the Means Test to qualify for chapter 7, a "complete bankruptcy". The Rothbloom Law Firm takes the time and gives the necessary attention to detail to enable a client to pass the Means Test who might otherwise not pass. Moreover, we work hard to identify and resolve potential complications in clients' cases. Sometimes, complications are avoidable and sometimes they are not. Thinking them through in advance helps in dealing with them after cases are filed.
Our lawyers have the credentials to make us effective. I received a Bachelor of Arts degree (A.B.) in political science in 1981 from the University of Georgia and a law degree in 1984 from the University of Georgia School of Law . I am frequently called upon to speak to lawyers at bankruptcy law seminars. Additionally, I am pleased to be AV® Preeminent Peer Review RatedSM by Martindale-Hubbell®, an honor given only to a small percentage of America’s elite lawyers. Adam Herring's 2009 article, "Fixing the Broken Machine: Means Testing and Secured Debt Payments Under BAPCPA", was published in the Norton Journal of Bankrutpcy Law and Practice. "Operator Error in 'Mechanical' Means Testing: Judicial Behavior in Chapter 13 Cases", co-authored by Mr. Herring, was published by Norton Bankruptcy Law Adviser in December 2009 and reprinted in the February 2010 edition of The Nebraska Lawyer, the official publication of the Nebraska State Bar Association. The article explores the methods for determining chapter 13 plan payments based upon 2005 changes to the Bankruptcy Code. He acted as Articles Editor for the prestigious Emory Bankruptcy Developments Journal. Mr. Herring received a Bachelor of Arts degree (B.A.) with distinction in 2006 from the University of North Carolina at Chapel Hill where he was part of the Honors Program, and a law degree in 2009 from the Emory University School of Law.
“We work hard to identify and resolve potential complications in clients’ cases.”
Q What happens when a client first contacts you?
A The client speaks with one of our attorneys, either me or Mr. Herring. After a brief discussion to determine whether the firm’s services are appropriate for the circumstance, an appointment is scheduled and we request that the client complete the interview questionnaire on the home page of our website and gather certain documents for a productive meeting.