A crisis of faith?
Perhaps that is the wrong description. Call it more of a crisis of belief? I am sure that I could come up with something more clever and apropos this morning, but I am simply not in the mood. I simply do not feel creative.
I have decided I am done with the practice of law.
Unfortunately, the existence of my LW and the Horde kind of make the practical desertion from the practice...um, unpracticable.
But my heart is no longer in it. At all.
It is not just the practice of consumer bankruptcy, although I think that has a lot to do with it. I have tried for years to salve my discontent with the answer that I am helping people, doing good for people's lives, and so forth. But I cannot use that excuse any longer.
There are just too many people that come in and want to abuse and play the system.
There are too many people who come in, after having dug themselves into an insurmountable hole, and then blame you for their trials and troubles.
There are too many people unwilling to take responsibility for their own actions.
There are too many people willing to lie to you, their attorney, simply because they think that it will turn out better for them in the end.
And there are just too few people willing to give a simple "thank you."
Not to mention the lousy pay.
Need I go on?
A friend proposed that what I am feeling is nothing more than a simple mid-life crisis. I do not believe that to be the case. I do not wish to buy a sports car, or a boat, or have an extramarital affair. I do not wish to go back to school, or open my own business, or take up sky diving, or any of the myriad of usual things men do when undergoing a mid-life crisis.
I simply want to take my LW and the Horde, load up the Ford, stock up the trailer, and drive off into the mountains. You know, find a little meadow somewhere and just BE.
I simply want to be left alone.
I want to not worry through the night about THAT client: the one who comes forward mid-case to give you a case-destroying piece of information that they "forgot"; the one that blames you for all of the post-filing pay-day loans she took out; the one who somehow sees it as your responsibility that they have not paid their mortgage(s) in seven months but could afford the trip to Disneyland; the one for whom the office buys a Thanksgiving dinner who later tells the Court she has no idea who you are.
The other day, I had a client thank me for helping themn get back on their feet, relieving their stress, getting them in a frame of mind where they could work and be productive again, and basically crediting me for all the recent good in their lives. It made me feel really good.
The warm fuzzies lasted about an hour.
Until another client called to accuse me of falsifying numbers in his case, numbers calculated by a formula that Congress, the Justice Department, the Courts, and the Chapter 13 Trustees have all developed and forced upon me. I did that; It's MY fault that she had overtime for the past two years and, despite that fact, the overtime is not guaranteed and somehow should not be calculated into her anticipated gross income.
For every one appreciative client, for every client whose life you actually touch for the better, for every client that understands that you are helping them out of a hole of (typically) their own creation, for every "good" client I am inundated with at least 99 more that are lying, unfeeling, uncaring, abusive cretins.
Oddly, it is not the confrontation with opposing attorneys; there is very little of that in our tiny little section of the Bar. It is the confrontation with our own clients that has driven me to detest the very practice of the Law, driven me to taste bile at the thought of my office, and to cause near-physical pain at the idea of getting up in the morning and facing the day.
It is a practice that drains your emotions, that drains your Spirituality, that drains your spirit, and that drains your love for practically anything else in your life.
It is a practice that wads up your creativity and tosses it in the toilet, that causes your Muse to turn her back on you in disgust, that causes food to taste like sawdust, music to sound like noise, and simple, peaceful quiet to become deafening.
It is a practice that causes you to vent your frustrations--at other drivers on the road, at your family, at your friends, and at your employees. It is a practice that literally made me weep as I drove to the office this morning.
Believe me, if there was anything else I could do that would provide sufficient financial support for my LW and the Horde, I would be there in a heartbeat. I probably would only stop to fill one box with possessions; the rest of my office space can just go hang. But I have to be an adult about this: someone once said that you are not supposed to enjoy what you do everyday--that is why it is called "work." Well, I do not enjoy what I do everyday; I cannot fool myself any longer.
I am done.
But I am still here.
A creative haven, an emotional safe house, a netaphysical rubber room in which to vent and rant and otherwise keep from kicking the dog.
Showing posts with label bankruptcy. Show all posts
Showing posts with label bankruptcy. Show all posts
Friday, February 11, 2011
Crisis of Faith
Labels:
adulthood,
bankruptcy,
camping,
clients,
family,
Food,
introspection,
music,
pain,
the practice,
writing
Thursday, May 21, 2009
Bliss and Embarrassment
Embarrassment because it's been two months since my last post.
Unfortunately, my blogpression is even deeper than I feared and still has me tight in its grasp. I hardly ever even read my favorite blogs any longer. Would that make them my once-favorite blogs? Perhaps technically.
I just don't seem to have much joy anymore. Certainly no bliss.
Don't get me wrong: my LW and the Horde are a joy. Even the noise they make -- as hard as it is on my usually-aching head at the end of the day -- is music. They are my life and, honestly, the only thing that keeps me going some days.
All right, you caught me: most days.
I sat in my car this morning in the parking lot for several long minutes. All I could do was sit there, thinking, dreading the day. It took every ounce of physical strength and mental/emotional will power to leave the car and walk the fifteen steps into the building. Every minute today was torture. Not "Nancy Pelosi woe is me I voted for water-boarding before I voted against it even though it gets results and really is not considered torture compared to what the enemy does to our soldiers" kind of torture. More "being forced to listen to Nancy Pelosi read Maya Angelou poetry" kind of torture or "simply being forced to be in the same room as Nancy Pelosi" kind of torture.
And it is getting worse every day.
So back to my embarrassment: I hope that the readers I have will not have given up hope on me. I am trying; really, I am, despite all appearances.
I say I have little joy. That is not to say I do not have hope: I cannot blame my blogpression on the country's turbo-powered faster-than-light descent intoHell slavery economic destruction Socialism, even though it appears that the vast majority of those in Washington, D.C. -- on both sides of the aisle, mind you -- seem to be using Atlas Shrugged as a game plan for ruining running the country.
[Aside: if you don't understand what I mean, pick yourself up a copy and read it. It's not just fiction anymore. The book's sales have also, in the first four months of 2009, tripled the total sales in all of 2008.Sheep People are waking up out there. Get it. Read it. And ask: "Who is John Galt?"]
No, I am not without hope. Just last month, a Prophet of God, His representative on Earth, Thomas S. Monson, urged the world to be of good cheer and have joy, and to have faith, and to never, never despair.
OK, so, I've already admitted here that I am falling short on good cheer, joy, and despair. Oops.
But I do have faith. And hope. And a loving caring family.
I am striving -- truly I am -- for good cheer, joy, and to remove despair.
I am also striving for my bliss.
"Bliss" has been much on my mind for the past year or so; my buddy JR in Salt Lake has a 50-year-old cousin that I've met a couple times. This is a really down-to-earth man who gave up the practice of law 4 years ago when the bankruptcy laws were changing. He started working with mortgages and saw the writing on the wall LONG before most of the rest of us did. He then dabbled with other areas of the law for a couple of years.
Then, a year ago, he abruptly up and quit to focus on his photography. He's loved photography, as a hobby, since he was in his twenties. JR has sent me examples of his work -- absolutely terrific work. I particularly like his floral work. He did some Olympic photos from the 2002 Olympics in Salt Lake that are stunning. One is a composite piece that I haven't seen anywhere else: it shows all the different photo-wrapped buildings, at night, all aglow, with fireworks in the background -- a seamless, amazing piece, even though there is no one spot in the Salt Lake Valley from where he could have taken one photo and show all the buildings.
But I digress.
This is what he does now. My buddy JR says that he's never been happier.
I truly envy him. I have gone to a couple of his shows, not just to give him moral support, not just to revel in the art, but also out of selfishness.
Yep. I think it is an act of selfishness, so that I can feed off that joy of his, to glimpse someone who is truly happy.
I truly cannot imagine anyone in this specialized field of bankruptcy work who is truly happy. No one I know gets any real joy out of it; oh, there are those who seem to enjoy it, but they're always so angry about something and are more confrontational than anything else. I cannot classify that as joy. Even those who are very good at it are certainly not happy or joyful.
Is this what adulthood means? I hope not.
Even when we help someone who truly needs our help, when we truly do Good, those feelings do not last long in the bruising, crushing, daily emotional miasma in which we bankruptcy attorneys live.
I know my friends in Salt Lake, JR and J, are not happy.
I know I'm not.
That's why I'm looking for my "bliss" whenever I have a chance.
I hope one day to find it and throw all this to the wind.
Or, barring that, to hire a junior attorney to do all the work while I manage the firm.
And still hunt for my bliss.
Unfortunately, my blogpression is even deeper than I feared and still has me tight in its grasp. I hardly ever even read my favorite blogs any longer. Would that make them my once-favorite blogs? Perhaps technically.
I just don't seem to have much joy anymore. Certainly no bliss.
Don't get me wrong: my LW and the Horde are a joy. Even the noise they make -- as hard as it is on my usually-aching head at the end of the day -- is music. They are my life and, honestly, the only thing that keeps me going some days.
All right, you caught me: most days.
I sat in my car this morning in the parking lot for several long minutes. All I could do was sit there, thinking, dreading the day. It took every ounce of physical strength and mental/emotional will power to leave the car and walk the fifteen steps into the building. Every minute today was torture. Not "Nancy Pelosi woe is me I voted for water-boarding before I voted against it even though it gets results and really is not considered torture compared to what the enemy does to our soldiers" kind of torture. More "being forced to listen to Nancy Pelosi read Maya Angelou poetry" kind of torture or "simply being forced to be in the same room as Nancy Pelosi" kind of torture.
And it is getting worse every day.
So back to my embarrassment: I hope that the readers I have will not have given up hope on me. I am trying; really, I am, despite all appearances.
I say I have little joy. That is not to say I do not have hope: I cannot blame my blogpression on the country's turbo-powered faster-than-light descent into
[Aside: if you don't understand what I mean, pick yourself up a copy and read it. It's not just fiction anymore. The book's sales have also, in the first four months of 2009, tripled the total sales in all of 2008.
No, I am not without hope. Just last month, a Prophet of God, His representative on Earth, Thomas S. Monson, urged the world to be of good cheer and have joy, and to have faith, and to never, never despair.
OK, so, I've already admitted here that I am falling short on good cheer, joy, and despair. Oops.
But I do have faith. And hope. And a loving caring family.
I am striving -- truly I am -- for good cheer, joy, and to remove despair.
I am also striving for my bliss.
"Bliss" has been much on my mind for the past year or so; my buddy JR in Salt Lake has a 50-year-old cousin that I've met a couple times. This is a really down-to-earth man who gave up the practice of law 4 years ago when the bankruptcy laws were changing. He started working with mortgages and saw the writing on the wall LONG before most of the rest of us did. He then dabbled with other areas of the law for a couple of years.
Then, a year ago, he abruptly up and quit to focus on his photography. He's loved photography, as a hobby, since he was in his twenties. JR has sent me examples of his work -- absolutely terrific work. I particularly like his floral work. He did some Olympic photos from the 2002 Olympics in Salt Lake that are stunning. One is a composite piece that I haven't seen anywhere else: it shows all the different photo-wrapped buildings, at night, all aglow, with fireworks in the background -- a seamless, amazing piece, even though there is no one spot in the Salt Lake Valley from where he could have taken one photo and show all the buildings.
But I digress.
This is what he does now. My buddy JR says that he's never been happier.
I truly envy him. I have gone to a couple of his shows, not just to give him moral support, not just to revel in the art, but also out of selfishness.
Yep. I think it is an act of selfishness, so that I can feed off that joy of his, to glimpse someone who is truly happy.
I truly cannot imagine anyone in this specialized field of bankruptcy work who is truly happy. No one I know gets any real joy out of it; oh, there are those who seem to enjoy it, but they're always so angry about something and are more confrontational than anything else. I cannot classify that as joy. Even those who are very good at it are certainly not happy or joyful.
Is this what adulthood means? I hope not.
Even when we help someone who truly needs our help, when we truly do Good, those feelings do not last long in the bruising, crushing, daily emotional miasma in which we bankruptcy attorneys live.
I know my friends in Salt Lake, JR and J, are not happy.
I know I'm not.
That's why I'm looking for my "bliss" whenever I have a chance.
I hope one day to find it and throw all this to the wind.
Or, barring that, to hire a junior attorney to do all the work while I manage the firm.
And still hunt for my bliss.
Labels:
adulthood,
bankruptcy,
bliss,
Blog,
blogpression,
economy,
family,
introspection,
liberty,
Olympics,
pain,
politics,
Prophet,
religion,
society,
the practice
Friday, February 06, 2009
Heroes
I met a real hero today.
That's a word that has lost its meaning. It is so over-used these days; everyone from sports stars to pop stars are called "heroes."
This man, however, was in his mid-fifties, I would say. He was career Army: twenty years of hard work. We are not talking a desk pilot, here. This man served twenty long years, through some of the worst days in our modern history--1961-1981: a lot of crap went down in those two decades.
This man, in his words, had a lot wrong with him. "I've spent most of the last several months in bed; I'm in bad shape," he told me. His wife sat there with tears in his eyes as he talked how much time he spent at the VA Hospital, and how much he owed to her--his second wife. "She's saved my life," he admitted. He went on to explain that he was fully combat disabled.
This means he was not disabled by falling off a ladder in a supply warehouse somewhere stateside. As he told me, "I'm disabled because of combat."
Needless to say, I thanked him profusely for his service. He accepted it gratefully; I told him that I hoped he heard it often. He confessed that he didn't hear it much, but a lot more than he used to hear it.
I almost wept, hearing that. His humility was evident. The kind of humility that his experiences would give a person. A truly scriptural humility. The kind I would expect Captain Moroni to have had. But still, I almost wept -- with sadness, as much as gratitude and amazement.
You have got to be kidding me. Here we have someone who has almost given the last full measure, someone who has protected our Liberty and way of life, and he receives little gratitude? I would like to believe that it is because he does not walk around in his uniform. I rationalized that people just do not know he is a veteran, let alone a combat-injured veteran. I also, sadly, realized that it was more likely the result of political correctness: it just is not fashionable to respect the warrior.
Then, he said something that pushed him up another notch or two in my book: "I don't want a free ride. I'm paying all my creditors back."
He would not even entertain the thought of a Chapter 7 Bankruptcy. He was here to see if a Chapter 13 would work for him, and if he could pay his creditors back at 100%.
Do you know how often I hear that?
Usually it is "How can we screw over these jerks that have taken so much of my money?" or words to that effect. Now, sometimes this attitude is almost warranted, because there are a lot of predators out there, preying on the stupid and uninformed in our society. But it is not always the case; probably not even the majority of the time.
But he was adamant. "I'm paying back everything I owe. I just need a little breathing room; I need the bleeding to stop just a little so that I can get on my feet and start paying them all back, everything to everyone I owe."
Wow. I cannot express what a feeling I had. He had nearly given his all to his country and here he was, not asking for a handout, not asking for "his due," not even really asking for much help. All he wanted was some breathing room so that he could pay everyone back at 100%.
I do not often see heroes. Combat veterans do not normally scream out their records for all to hear and praise, so I do not often get to thank them for their service and sacrifices.
Add on to that someone who does not want to pursue what others would think they were owed, who do not want to take advantage of the system? Strange and uncommon in itself.
Together? A rarity. I feel as if a dragon has just crossed the road in front of me, majestic, stately, and truly unexpected.
Not only do I thank you, sir, I salute you.
These are the heroes I, as a father, want for the Horde's role models.
Not Michael Jordan. Not Miley Cyrus.
But HEROES
That's a word that has lost its meaning. It is so over-used these days; everyone from sports stars to pop stars are called "heroes."
Hero: n. [L. heros; Gr. a demigod.]I am sorry, sports fans, but Michael Jordan and Brett Favre? Not heroes. I do not care what roles they play, what songs they sing, or how many times they have checked themselves into rehab, I cannot think of many -- if any -- pop culture "icons" (for lack of a better word) that deserve the moniker of "hero." Certainly none that I would want the Horde to emulate. (Aside: I mean, no matter how heroic their characters, do you want a son to grow up to be like Christian Bale or Robert Downey, Jr.? Really? Are Miley Cyrus and Lindsay Lohan the daughters you want to have?)
1. A man of distinguished valor, intrepidity or enterprise in danger; as a hero in arms.
2. A great, illustrious or extraordinary person; as a hero in learning.
~1828 Webster
This man, however, was in his mid-fifties, I would say. He was career Army: twenty years of hard work. We are not talking a desk pilot, here. This man served twenty long years, through some of the worst days in our modern history--1961-1981: a lot of crap went down in those two decades.
This man, in his words, had a lot wrong with him. "I've spent most of the last several months in bed; I'm in bad shape," he told me. His wife sat there with tears in his eyes as he talked how much time he spent at the VA Hospital, and how much he owed to her--his second wife. "She's saved my life," he admitted. He went on to explain that he was fully combat disabled.
This means he was not disabled by falling off a ladder in a supply warehouse somewhere stateside. As he told me, "I'm disabled because of combat."
Needless to say, I thanked him profusely for his service. He accepted it gratefully; I told him that I hoped he heard it often. He confessed that he didn't hear it much, but a lot more than he used to hear it.
I almost wept, hearing that. His humility was evident. The kind of humility that his experiences would give a person. A truly scriptural humility. The kind I would expect Captain Moroni to have had. But still, I almost wept -- with sadness, as much as gratitude and amazement.
You have got to be kidding me. Here we have someone who has almost given the last full measure, someone who has protected our Liberty and way of life, and he receives little gratitude? I would like to believe that it is because he does not walk around in his uniform. I rationalized that people just do not know he is a veteran, let alone a combat-injured veteran. I also, sadly, realized that it was more likely the result of political correctness: it just is not fashionable to respect the warrior.
Then, he said something that pushed him up another notch or two in my book: "I don't want a free ride. I'm paying all my creditors back."
He would not even entertain the thought of a Chapter 7 Bankruptcy. He was here to see if a Chapter 13 would work for him, and if he could pay his creditors back at 100%.
Do you know how often I hear that?
Usually it is "How can we screw over these jerks that have taken so much of my money?" or words to that effect. Now, sometimes this attitude is almost warranted, because there are a lot of predators out there, preying on the stupid and uninformed in our society. But it is not always the case; probably not even the majority of the time.
But he was adamant. "I'm paying back everything I owe. I just need a little breathing room; I need the bleeding to stop just a little so that I can get on my feet and start paying them all back, everything to everyone I owe."
Wow. I cannot express what a feeling I had. He had nearly given his all to his country and here he was, not asking for a handout, not asking for "his due," not even really asking for much help. All he wanted was some breathing room so that he could pay everyone back at 100%.
I do not often see heroes. Combat veterans do not normally scream out their records for all to hear and praise, so I do not often get to thank them for their service and sacrifices.
Add on to that someone who does not want to pursue what others would think they were owed, who do not want to take advantage of the system? Strange and uncommon in itself.
Together? A rarity. I feel as if a dragon has just crossed the road in front of me, majestic, stately, and truly unexpected.
Not only do I thank you, sir, I salute you.
These are the heroes I, as a father, want for the Horde's role models.
Not Michael Jordan. Not Miley Cyrus.
But HEROES
Labels:
America,
bankruptcy,
clients,
family,
fatherhood,
hero,
humility,
liberty,
patriotism,
PCness,
scriptures,
society
Friday, January 30, 2009
Call to Arms
I know there are a lot of people out there that may not like Glenn Beck's style. As you probably know, I am not one of those type.
And before some of you pull out the "ignorant hating racist" card, just stop it.
Regardless of what you think of him, the numbers and facts just don't lie. Take a look at this video and consider what the heck we are doing to this country, and to the world as a whole. (Hint: National bankruptcy may be coming, and it ain't the kind that's going to make my career any better.)
Take a look with an open mind. O-PEN.
These charts are much simpler / less-complex than Al Gore's hocus-pocus. And this is a crisis much more real, much more imminent, and much more critical than the potential hoax of "climate change."
Watch this and then tell me it ain't a conspiracy, somewhere, somehow. I do not know who or how, but I can tell you why: Power. Plain and simple.
Watch and weep. Better yet: watch, wake up, and call a friend or two. Or even your Senator. Wake them up, too.
And before some of you pull out the "ignorant hating racist" card, just stop it.
Regardless of what you think of him, the numbers and facts just don't lie. Take a look at this video and consider what the heck we are doing to this country, and to the world as a whole. (Hint: National bankruptcy may be coming, and it ain't the kind that's going to make my career any better.)
Take a look with an open mind. O-PEN.
These charts are much simpler / less-complex than Al Gore's hocus-pocus. And this is a crisis much more real, much more imminent, and much more critical than the potential hoax of "climate change."
Watch this and then tell me it ain't a conspiracy, somewhere, somehow. I do not know who or how, but I can tell you why: Power. Plain and simple.
Watch and weep. Better yet: watch, wake up, and call a friend or two. Or even your Senator. Wake them up, too.
18 And these Gadianton robbers, who were among the Lamanites, did infest the land, insomuch that the inhabitants thereof began to hide up their treasures in the earth; and they became slippery, because the Lord had cursed the land, that they could not hold them, nor retain them again.
19 And it came to pass that there were sorceries, and witchcrafts, and magics; and the power of the evil one was wrought upon all the face of the land.
~Mormon 1:18-19
Labels:
America,
bankruptcy,
Book of Mormon,
Climate change,
consipiracy,
disasters,
economy,
Gadianton,
Glenn Beck,
History,
money,
patriotism,
PCness,
politics,
scriptures,
society,
stupidity
Thursday, December 11, 2008
Why we do it
OK. I'll admit that there are a lot of things wrong with the practice of law. There are also a lot of things wrong with representing consumers in Bankruptcy practice.
(smirk)Bet you're all surprised to hear me say that.(/smirk)
No, really. It is the absolute truth!
But I got a note from my buddy in Salt Lake this morning that made me shake my head. In a good way. All I could say as I shared it with some of the other employees of the firm was, "THIS is why we do it, day in and day out."
I will not go into the full story, but suffice it to say he had a client who was about to lose her house, sending herself and her three children out onto the streets two weeks before Christmas. The only thing that would save her was to receive a discharge from her Chapter 13 case.
She had gone through the wringer in 2007 and 2008; divorced, sole support of the family, left with HIS debts to pay off, children with serious chronic illnesses -- illnesses that affected her ability to work regular full-time hours, facing shut-off of gas and other utilities. She had received periodic help from family members in Mexico, who sent her what little they could scrape together to help her survive. She, admittedly and arguably, violated a court order by sending her tax refund this year back to her family members in Mexico who were now, themselves, in serious financial trouble.
The one high note? She scraped together everything she could so that she could receive her United States Citizenship. That, more than anything, convinced my buddy to really, really go to the mat for her. (That's what HE says. Actually, I believe that the thought of a homeless woman and her children at Christmas was what really affected his decision. The Citizenship efforts just pushed it over the edge.)
But this poor woman caught a little break: she was eligible to receive housing assistance, but the catch? She was only eligible if her Chapter 13 bankruptcy was completed.
The only way to complete the case was to keep making payments for a few more months (with money she no longer had) and to pay in her 2007 tax refunds (with money she no longer had). The only way out was to either convert her case to a Chapter 7 case (which would cost time and money she did not have) or to attempt what is called a "hardship discharge."
Simply put, this can be granted when certain conditions are met -- notably that the Debtor can no longer continue in the case because of circumstances beyond her control BUT that she is in all other respects eligible for a discharge. It is an extreme solution and, therefore, not attempted or granted very often.
But my buddy attempted it. He admits that he was not too optimistic, but he attempted it. There was little in the way of opposition to the motion; the Judge and Trustee, however, shared one concern: The use of the 2007 tax refunds in blatant violation of a prior court order.
My buddy says that he stood right up there, took several deep breaths while looking the judge in the eyes, and admitted to the Court that yes, while there was a violated order, there were good (read: humane) reasons for the violation and that in all other respects, she qualified for a hardship discharge. And then he sat down.
The Trustee's attorney then stood and essentially agreed with him, that taken as a whole, this woman deserved to get the help she had requested.
The judge looked at them both and asked, "You mean, you want me to re-write the bankruptcy code to make it 'fair'?" My buddy just smiled at the judge and the Trustee's attorney back-pedaled. The judge smiled back and said, "Well, I've done it before; Motion granted."
My buddy tells me it felt like he had been kicked in the chest; he could hardly breathe. He says that prior to the hearing his client had asked what the magic words were; he told her "Motion granted. If we hear that, we're good." He says he heard her gasp when the judge ruled. By the time they reached the hallway, his client was sobbing in joy, grabbed him in a bear hug, and thanked him for the Christmas present. She called his office afterwards to thank him again.
The joy that woman felt? I have seen it a few times in my own clients. I know exactly what my buddy was feeling.
It is the feeling you get when an elderly woman thanks you for saving her house from foreclosure saying, "This was the first house my husband and I lived in. It's where he died, and where I want to go to sleep for the last time. You saved it for me."
It is the feeling you get when a client drops to his knees in your office and repeats "God bless you. Jesus bless you." Over and over.
It is the feeling you get when a client calls you after a hearing and says she is grateful for your help "against a corrupt society." Who assures you that you are helping people whose lives hang in the balance, and that while the services you provide are often taken for granted, she does not take you for granted.
It does not happen very often, not in Bankruptcy, not in Litigation, not even in Criminal law. Not as often as it should, in my opinion, but them I admit to a certain bias.
It does not happen very often, but it does happen, and you begin to understand a little of King Benjamin's admonition from the Book of Mormon: "And behold, I tell you these things that ye may learn wisdom; that ye may learn that when ye are in the service of your fellow beings ye are only in the service of your God." Mosiah 2:17.
Due to the nature of the Practice, it does not happen often, but when it does?
It makes a lot of the other crap seem almost worth it.
(smirk)Bet you're all surprised to hear me say that.(/smirk)
No, really. It is the absolute truth!
But I got a note from my buddy in Salt Lake this morning that made me shake my head. In a good way. All I could say as I shared it with some of the other employees of the firm was, "THIS is why we do it, day in and day out."
I will not go into the full story, but suffice it to say he had a client who was about to lose her house, sending herself and her three children out onto the streets two weeks before Christmas. The only thing that would save her was to receive a discharge from her Chapter 13 case.
She had gone through the wringer in 2007 and 2008; divorced, sole support of the family, left with HIS debts to pay off, children with serious chronic illnesses -- illnesses that affected her ability to work regular full-time hours, facing shut-off of gas and other utilities. She had received periodic help from family members in Mexico, who sent her what little they could scrape together to help her survive. She, admittedly and arguably, violated a court order by sending her tax refund this year back to her family members in Mexico who were now, themselves, in serious financial trouble.
The one high note? She scraped together everything she could so that she could receive her United States Citizenship. That, more than anything, convinced my buddy to really, really go to the mat for her. (That's what HE says. Actually, I believe that the thought of a homeless woman and her children at Christmas was what really affected his decision. The Citizenship efforts just pushed it over the edge.)
But this poor woman caught a little break: she was eligible to receive housing assistance, but the catch? She was only eligible if her Chapter 13 bankruptcy was completed.
The only way to complete the case was to keep making payments for a few more months (with money she no longer had) and to pay in her 2007 tax refunds (with money she no longer had). The only way out was to either convert her case to a Chapter 7 case (which would cost time and money she did not have) or to attempt what is called a "hardship discharge."
Simply put, this can be granted when certain conditions are met -- notably that the Debtor can no longer continue in the case because of circumstances beyond her control BUT that she is in all other respects eligible for a discharge. It is an extreme solution and, therefore, not attempted or granted very often.
But my buddy attempted it. He admits that he was not too optimistic, but he attempted it. There was little in the way of opposition to the motion; the Judge and Trustee, however, shared one concern: The use of the 2007 tax refunds in blatant violation of a prior court order.
My buddy says that he stood right up there, took several deep breaths while looking the judge in the eyes, and admitted to the Court that yes, while there was a violated order, there were good (read: humane) reasons for the violation and that in all other respects, she qualified for a hardship discharge. And then he sat down.
The Trustee's attorney then stood and essentially agreed with him, that taken as a whole, this woman deserved to get the help she had requested.
The judge looked at them both and asked, "You mean, you want me to re-write the bankruptcy code to make it 'fair'?" My buddy just smiled at the judge and the Trustee's attorney back-pedaled. The judge smiled back and said, "Well, I've done it before; Motion granted."
My buddy tells me it felt like he had been kicked in the chest; he could hardly breathe. He says that prior to the hearing his client had asked what the magic words were; he told her "Motion granted. If we hear that, we're good." He says he heard her gasp when the judge ruled. By the time they reached the hallway, his client was sobbing in joy, grabbed him in a bear hug, and thanked him for the Christmas present. She called his office afterwards to thank him again.
The joy that woman felt? I have seen it a few times in my own clients. I know exactly what my buddy was feeling.
It is the feeling you get when an elderly woman thanks you for saving her house from foreclosure saying, "This was the first house my husband and I lived in. It's where he died, and where I want to go to sleep for the last time. You saved it for me."
It is the feeling you get when a client drops to his knees in your office and repeats "God bless you. Jesus bless you." Over and over.
It is the feeling you get when a client calls you after a hearing and says she is grateful for your help "against a corrupt society." Who assures you that you are helping people whose lives hang in the balance, and that while the services you provide are often taken for granted, she does not take you for granted.
It does not happen very often, not in Bankruptcy, not in Litigation, not even in Criminal law. Not as often as it should, in my opinion, but them I admit to a certain bias.
It does not happen very often, but it does happen, and you begin to understand a little of King Benjamin's admonition from the Book of Mormon: "And behold, I tell you these things that ye may learn wisdom; that ye may learn that when ye are in the service of your fellow beings ye are only in the service of your God." Mosiah 2:17.
Due to the nature of the Practice, it does not happen often, but when it does?
It makes a lot of the other crap seem almost worth it.
Labels:
bankruptcy,
Book of Mormon,
clients,
reflections,
society,
the practice
Wednesday, October 29, 2008
Jotting Tittles: Microwaves and Zombies
I want to explain the title of this post to you, "Microwaves and Zombies."
I really want to tell you exactly what it means to me and my life.
But I can't.
You see, I have a page of notes in my little notebook, a page titled "Blog Thoughts" with a date from last month. Under that is a bullet point labeled "Microwaves and Zombies" with no further explanation.
And the rest of the page is illegible. I must have been writing (a) in the car while driving in rush hour traffic; (b) on the bus on a bad road; (c) in the dark while half-asleep; or (d) (c) and either (a) or (b).
Take your pick.
First, on the subject of liberty. Remember in the coming week that Liberty--true Liberty--is the ability to choose for one's self, researching, studying, and learning about yoru choices. True Liberty does not come from blindly following the media.
Second, how blissful it is to lie in a tent surrounded by my LW and the Horde, on a crisp summer morning far up in the mountains in a quiet, secluded valley, the only humans for miles. How wonderful to lie there and read aloud the words from the Declaration of Independence. How marvelous to see the looks on the Horde's individual faces as they hear and understand the words written 232 years ago. It's dawn and the words leave my tongue with clouds of vapor in the cool air. THAT is Heaven.
Third, just a quick thought from one of the Presidential debates last month. A statistic was cited that deductibles (in looking back I think it may have been premiums and I wrote it down incorrectly) have increased by 30% and families are going bankrupt from health care.
(A) Very few of my clients are going bankrupt because of their heatlh care costs; most of them are going bankrupt from bad housing loans or high tax debt.
(B) I am struggling myself to pay my own health care costs. But you know what? I do not want it from the Government. It's not the Government's place. Period.
Fourth, O.K., one more thought from the Presidential debates. All of my readers know that I really do not like John McCain. He may be the lesser of two evils. That is yet to be seen, I suppose. However, one cannot deny that he has not performed very well since the Convention. Heck, he has not performed well since Mitt dropped out of the race, for that matter. One wonders whether McCain is so scared of being tagged with the "attack dog" label that he has held back. The one line that stood out from the debates for me? "I'm not going to set the White House visitor schedule before I'm President. I don't even have a Seal yet." I think that if he had spent the last nine months talking like this, he would be so far ahead in the race as to be nearly uncatchable.
As it is, I am afraid he looks like an old man weakly swinging his cane at a young whipper-snapper. (Aside: I can just hear him saying, "Sarah! Help me subdue...this beast." {while panting and flailing weakly) a la Montgomery Burns.)
Fifth, my LW and I just endured a Mormon ritual that normally comes about every five years or so: the reorganization of the Bishopric. Actually, that's just the event; the ritual is, in my household, not-so affectionately referred to as "Mormon Lotto." That's the phenomenon that has its genesis the very moment that the reorganization is to occur. From that moment on, the phone lines, back fences, and now e-mails are on fire with speculation about "who's worthiest?" "who's old enough?" "who's too old?" and so on. And then, when the announcement is made, all the gossipers look at one another and nod sagely, with a "I knew it all along" look in their eyes. Not my favorite ritual, by any means. It is a painful time. Pain. Mental, emotional, spiritual.
Sixth, It's nearly November again, and do you know what that means? Yep. Cranberry-flavored Sierra Mist is available again! I had my first bottle sighting yesterday! Hooray! Cranberry-flavored Sierra Mist. Mmmmmm.......
Seventh, It's nearly November again, and as I have recently said, that means NaNoWriMo! That means 1,667 words a day. Ugh. From now until the end of the first week of November, I am going to be questioning myself, wondering whether I can really do this--whether I really WANT to do this. I have been through this before and I can sense my reluctance starting again. Somehow I have to move past the self-editing-while-writing mode and move into a writing-for-the-sheer-pleasure-of-it-just-put-the-words-down-on-paper mode. I need to be ever-vigilant for a negative attitude (as opposed to ever-viligant, which does not make any sense whatsoever).
Now.... Where's my bag of fun-size Snickers bars?!?
I really want to tell you exactly what it means to me and my life.
But I can't.
You see, I have a page of notes in my little notebook, a page titled "Blog Thoughts" with a date from last month. Under that is a bullet point labeled "Microwaves and Zombies" with no further explanation.
And the rest of the page is illegible. I must have been writing (a) in the car while driving in rush hour traffic; (b) on the bus on a bad road; (c) in the dark while half-asleep; or (d) (c) and either (a) or (b).
Take your pick.
First, on the subject of liberty. Remember in the coming week that Liberty--true Liberty--is the ability to choose for one's self, researching, studying, and learning about yoru choices. True Liberty does not come from blindly following the media.
Second, how blissful it is to lie in a tent surrounded by my LW and the Horde, on a crisp summer morning far up in the mountains in a quiet, secluded valley, the only humans for miles. How wonderful to lie there and read aloud the words from the Declaration of Independence. How marvelous to see the looks on the Horde's individual faces as they hear and understand the words written 232 years ago. It's dawn and the words leave my tongue with clouds of vapor in the cool air. THAT is Heaven.
Third, just a quick thought from one of the Presidential debates last month. A statistic was cited that deductibles (in looking back I think it may have been premiums and I wrote it down incorrectly) have increased by 30% and families are going bankrupt from health care.
(A) Very few of my clients are going bankrupt because of their heatlh care costs; most of them are going bankrupt from bad housing loans or high tax debt.
(B) I am struggling myself to pay my own health care costs. But you know what? I do not want it from the Government. It's not the Government's place. Period.
Fourth, O.K., one more thought from the Presidential debates. All of my readers know that I really do not like John McCain. He may be the lesser of two evils. That is yet to be seen, I suppose. However, one cannot deny that he has not performed very well since the Convention. Heck, he has not performed well since Mitt dropped out of the race, for that matter. One wonders whether McCain is so scared of being tagged with the "attack dog" label that he has held back. The one line that stood out from the debates for me? "I'm not going to set the White House visitor schedule before I'm President. I don't even have a Seal yet." I think that if he had spent the last nine months talking like this, he would be so far ahead in the race as to be nearly uncatchable.
As it is, I am afraid he looks like an old man weakly swinging his cane at a young whipper-snapper. (Aside: I can just hear him saying, "Sarah! Help me subdue...this beast." {while panting and flailing weakly) a la Montgomery Burns.)
Fifth, my LW and I just endured a Mormon ritual that normally comes about every five years or so: the reorganization of the Bishopric. Actually, that's just the event; the ritual is, in my household, not-so affectionately referred to as "Mormon Lotto." That's the phenomenon that has its genesis the very moment that the reorganization is to occur. From that moment on, the phone lines, back fences, and now e-mails are on fire with speculation about "who's worthiest?" "who's old enough?" "who's too old?" and so on. And then, when the announcement is made, all the gossipers look at one another and nod sagely, with a "I knew it all along" look in their eyes. Not my favorite ritual, by any means. It is a painful time. Pain. Mental, emotional, spiritual.
Sixth, It's nearly November again, and do you know what that means? Yep. Cranberry-flavored Sierra Mist is available again! I had my first bottle sighting yesterday! Hooray! Cranberry-flavored Sierra Mist. Mmmmmm.......
Seventh, It's nearly November again, and as I have recently said, that means NaNoWriMo! That means 1,667 words a day. Ugh. From now until the end of the first week of November, I am going to be questioning myself, wondering whether I can really do this--whether I really WANT to do this. I have been through this before and I can sense my reluctance starting again. Somehow I have to move past the self-editing-while-writing mode and move into a writing-for-the-sheer-pleasure-of-it-just-put-the-words-down-on-paper mode. I need to be ever-vigilant for a negative attitude (as opposed to ever-viligant, which does not make any sense whatsoever).
Now.... Where's my bag of fun-size Snickers bars?!?
Labels:
America,
bankruptcy,
camping,
family,
humor,
jots and tittles,
LDS,
liberty,
mormon,
pain,
patriotism,
politics,
religion,
writing
Wednesday, October 08, 2008
Jotting Tittles
Just about every blogger I know has "Random Thoughts" now and then. Today I dip my foot in the Pool of Perambulating Posts and meander through a morass of miscellany. These thoughts may not have anything to do with one another, or may be connected on some subconscious level. We will just have to wait and see what comes out, I suppose. Who knows, they could even lead to longer posts. I just have a bunch of stuff rattling around in my head this morning.
First: A shout-out to the woman I passed at the bus stop this morning while I was walking to work. She was nicely dressed and professional looking, so I do not believe she was one of the many homeless people that congregate around the local mission in the mornings. She was just standing, waiting for the bus; as I approached her, she threw up her arms and sang out, "Holy! Holy! Holy!" and began to sing some Gospel music as I passed her and continued down the street. I could hear her for almost the next two blocks. What a completely unexpected, but certainly positive and uplifting way to start your day. Thank you, ma'am.
Second: I noticed on the news that John McCain made a promise during Debate #2 last night, a promise to have the Federal Reserve buy up all the so-called "bad loans" and to renegotiate the terms so that people can afford to pay their mortgages. I have heard a lot of this the past few months since the housing market really started to tank; people on both sides of the political aisle calling for mercy for those who "got roped" into "bad loans" and were "taken advantage of" because they "did not know what they were doing." Now, I certainly appreciate and agree that there are many of those people out there; I see plenty of examples every day. However, there were a lot of gamblers and risk-takers that certainly knew exactly what they were doing. Oddly enough, the politicians calling for "mercy" for these poor citizens were the same politicians that, three years ago, refused to acknowledge that mercy was necessary for the "poor people" who were "suckered" into credit card use who "did not know what they were doing." These are the same people who refused to listen to calls for mercy whilemeddling with castrating criminalizing destroying amending the Bankruptcy Code. Hmmm. Mercy for abused home-buyers, no mercy for abusive credit card users. Anyone know what the difference is between 2005 and 2008? Anyone? Beuller? Beuller? That's right, 2008 is an election year. I checked last night: McCain voted for the Bankruptcty reform bill; Obama voted against it.
Third: A very conservative friend of mine--let's call him "Bob"--was talking with me and others the other day. As we talked, our discussion turned to politics. Unfortunately. This very conservative friend--Bob--voiced his stance: "I'm voting for Obama. No question in my mind." As we all knew his typically-conservative stance on life, we were all taken aback. Bob said, "I just think he's the candidate that can 'bring us all together.'" {Aside: This one is definitely a post topic of its own.} As another of my friends began to badger Bob, Bob merely shook his head and said, "Don't bother me with facts; I already know who I'm voting for." I became frightened. Now: I have not yet made up my own mind as to who will be receiving my vote, although I do know at least one person that will NOT receiving my vote, and while I have strong feelings about Senator Obama, that was not the source of my fright." Don't bother me with facts." Ugh. The very thought that people can and do exercise their right to vote without wanting to know any facts about the candidate, the issues, etc.... THAT frightens me. Sure, you have the right to do so, but the rest of us have to suffer for your stubborn stupidity! Ahem. Sorry. Lost control there for a minute. In all truthfulness, I really do not care whether you vote for Obama, McCain, or Joseph Stalin for President, so long as you do informed while you do it. This is not March Madness, where you can pick a team based on its school colors or the designs of the uniforms. Just get informed. Please.
Fourth: I found out this morning that, for the first time, this blog came up in a Google search for... well, what can only be described as "bviously puerile and titillating information." I shuddered. Actually, I may have thrown up in my mouth a little bit. Yeah. There's a milestone.
First: A shout-out to the woman I passed at the bus stop this morning while I was walking to work. She was nicely dressed and professional looking, so I do not believe she was one of the many homeless people that congregate around the local mission in the mornings. She was just standing, waiting for the bus; as I approached her, she threw up her arms and sang out, "Holy! Holy! Holy!" and began to sing some Gospel music as I passed her and continued down the street. I could hear her for almost the next two blocks. What a completely unexpected, but certainly positive and uplifting way to start your day. Thank you, ma'am.
Second: I noticed on the news that John McCain made a promise during Debate #2 last night, a promise to have the Federal Reserve buy up all the so-called "bad loans" and to renegotiate the terms so that people can afford to pay their mortgages. I have heard a lot of this the past few months since the housing market really started to tank; people on both sides of the political aisle calling for mercy for those who "got roped" into "bad loans" and were "taken advantage of" because they "did not know what they were doing." Now, I certainly appreciate and agree that there are many of those people out there; I see plenty of examples every day. However, there were a lot of gamblers and risk-takers that certainly knew exactly what they were doing. Oddly enough, the politicians calling for "mercy" for these poor citizens were the same politicians that, three years ago, refused to acknowledge that mercy was necessary for the "poor people" who were "suckered" into credit card use who "did not know what they were doing." These are the same people who refused to listen to calls for mercy while
Third: A very conservative friend of mine--let's call him "Bob"--was talking with me and others the other day. As we talked, our discussion turned to politics. Unfortunately. This very conservative friend--Bob--voiced his stance: "I'm voting for Obama. No question in my mind." As we all knew his typically-conservative stance on life, we were all taken aback. Bob said, "I just think he's the candidate that can 'bring us all together.'" {Aside: This one is definitely a post topic of its own.} As another of my friends began to badger Bob, Bob merely shook his head and said, "Don't bother me with facts; I already know who I'm voting for." I became frightened. Now: I have not yet made up my own mind as to who will be receiving my vote, although I do know at least one person that will NOT receiving my vote, and while I have strong feelings about Senator Obama, that was not the source of my fright." Don't bother me with facts." Ugh. The very thought that people can and do exercise their right to vote without wanting to know any facts about the candidate, the issues, etc.... THAT frightens me. Sure, you have the right to do so, but the rest of us have to suffer for your stubborn stupidity! Ahem. Sorry. Lost control there for a minute. In all truthfulness, I really do not care whether you vote for Obama, McCain, or Joseph Stalin for President, so long as you do informed while you do it. This is not March Madness, where you can pick a team based on its school colors or the designs of the uniforms. Just get informed. Please.
Fourth: I found out this morning that, for the first time, this blog came up in a Google search for... well, what can only be described as "bviously puerile and titillating information." I shuddered. Actually, I may have thrown up in my mouth a little bit. Yeah. There's a milestone.
UPDATE: And then I go and name today's post what I did. The first one was an accident; now I am just looking for trouble, aren't I? Well, maybe someone will look at one of my blogposts instead of their naughty pictures and I will have done someone some good today.
Fifth: Not to sound too goulish, but I have to express a little bit of gratitude for the economic downturn. I truly feel sorry for those who are suffering, particularly those who are completely innocent in the fate in which they find themselves. That being said, I have been nice and busy for the past three weeks at the office. "Frantic" may be a better word. Maybe now is the time to find out just how much the Boss values me. Heh. If only he was in town.
Labels:
America,
bankruptcy,
Blog,
humor,
jots and tittles,
LDS,
mormon,
office politics,
politics,
reflections,
religion,
searches,
society,
stupidity,
the practice
Subscribe to:
Posts (Atom)