Home -> Law Blog Directory -> Bankruptcy Blogs -> Arizona Bankruptcy Attorney Blog
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Bankruptcy
: Arizona Bankruptcy Attorney BlogHey, There Are Only a Few Ways This Lawsuit Will Shake Out, You Know?
By Joseph McDaniel, Esq.
Doesn't really matter; the plot's the same.
See, there's a commercially reasonable solution here, and the Bank (or S&L) really ought to want to change this default into a performing loan, because that's in the bank's best interest. Otherwise, the bank has to reserve against the doubtful account, and that's bad for the bank, and for the bank's investors.
But there are bank lawyers involved now! And their interest is a little different, and it involves billable hours.
Hey, everybody's gotta eat, right?
So I told the nice guy to go back to the bank and to pitch 'em on the commercially reasonable deal that results in a performing loan, and told him to be persistent. It's in the best interests of the bank and the bank investors, after all.
And I shipped him over to a crack litigator, who'll ask for an extension while the talking is going on (no need to rack up more legal fees, after all), and if that doesn't work, there is a counterclaim in that pile someplace.
And then the lender gets a third chance to settle! After it gets to re-calibrate the risk-benefit analysis.
And then, if the litigator fails to get a settlement, I get to come in as the Angel of Death, and explain that these are the bankruptcy schedules, and it appears to my uneducated eye that the bank gets less, slower, through the filing than through the proposed deal on the table.
And that often (but not always) works pretty well.
If not, well, we tried.
And if it doesn't work the way I would prefer, then we go to Plan B: I run everybody through the car wash down at the Bankruptcy Court and they all drive away, enjoying life after bankruptcy!
p.s. the threat of bankruptcy doesn't work very well at all; nobody is afraid of your bankruptcy filing. There's just a discussion, with multiple columns, and different numbers in the various columns. And if people want to be economically rational, there's a settlement. If they're thinking with their Lizard Brains, which are not smart enough to use a pocket calculator, then there's no settlement.
And instead there's a bankruptcy.
And I know you know this, but I sometimes work much, much harder to give away someone else's money than you would think I'd have to work, you know?
Full post as published by Arizona Bankruptcy Attorney Blog on October 29, 2010 (boomark / email).
Paxil Lawsuit
Paxil Claims, Lawsuits, and Injuries
Copyright Lawsuits: Critical Issues Before Filing Copyright
Federa Rule 11(b) Considerations
Vioxx Lawsuits
Vioxx personal injury suits are a seroius concern for Merck and patietns
Construction Site Accidents
Lawsuits related to accidents
Bextra Injury Risks
Bextra Increases Risk of Fatal Heart Attack
Bausch Lomb Renu Moistureloc Linked to Eye Infection Fusarium Keratiti
Contact Lens Solution Product Recall
Couple Awarded Nearly One Million Dollars in Lawsuit
Condo Lawsuit Gets $1 Million Award
abercrombie and fitch lawsuit
Abercrombie and Fitch Employment Discrimination Lawsuit
Further Settlements Reached in Kitec Lawsuit
Kitec Pumbing Further settlements reached in Defective Products Lawsuit
Robert Fresh Markets Win $21.6 Million Insurance Lawsuit
Robert Fresh Groceries Wins $21.6 Million Katrina Insurance Lawsuit
AT&T International Roaming Charges, AT&T lawsuit
AT&T Faces International Roaming Charges Lawsuit
US Settles Indian Lawsuit for $3.4 Billion
US Government Settles Indian Lawsuit for $3.4 Billion

Shake shake shake ... shake shake shake ... shake your booty!
POLITICO: Obama cant shake gay-rights fights. Next week, a lawsuit brought by the Log Cabin Repu
Lawsuit of the Day: Kid Injured by 'Deleterious' Hot Sauce
IL brothers arrested in Steak 'N Shake double homicide
Shake outraises Abramson in states most important Judicial Race








