Y-Vermont, revisited.

Spotted at OEB law-- one modern lawyer in action!  Don Hayes is sporting the casual look, complete with Khakis, Keenes, and of course one chillin’ bundle of joy.  We here at OEB law go with the flow, because that’s the Vermont way of doing things.  About 10 years ago, I, too, sported the office bassinet having taken, oh, 2.5 weeks off throughout my whole cesarean ordeal.   We were in the midst of a rather large case and I did not have the luxury of taking more time.  Everybody here was accommodating and understanding as always-- as I dove right back in, baby in tow.

Some days, we take the 11:59:59pm electronic filing deadline literally.  We channel our inner New Yorkers and stay until the wee hours to meet that due date.  On any given day we may have hours of 6am-4pm for one, while they are 9am to 8pm for others.  Soccer tournament? Tennis?  No problem!  Just make it up another time.  Ray Obuchowski can be spotted here on most weekends because that is when it is quiet.  We are flexible with our clients’ schedules as well.  If anyone understands that life happens, it is a bankruptcy lawyer.  Hearing all of the humbling stories from clients teaches us to enjoy every minute of life, while simultaneously diving into the law practice with both feet (sometimes 4…see photo #2).

Like many other Vermont law offices, you may come to OEB law to find a dog, or a baby, or an attorney wearing an old T-shirt, but no matter what else you see, you are guaranteed to find live humans who are caring, hard-working professionals.  Unlike the bankruptcy debtor in the recent US Supreme Court case, Law vs. Siegel, who fabricated a mortgage to create the illusion of less equity in his home, our Vermont clients are also honest, hard-working people looking for a fresh start or solution to their unfortunate situation.  There is no place I’d rather practice law.  We strive to be accessible, knowledgeable and practical, because that is the Vermont way! 

Stay tuned for our next y-blawg, commencing our substantive law series – First up? Foreclosure!

Y-Business bankruptcy?   The area of business bankruptcy is extremely specialized.  The bankruptcy code is so complex that a business bankruptcy filing is not to be undertaken lightly. Under the right circumstances, a business can completely turn around, being limited only by the creativity of the people involved. Even if a bankruptcy filing isn’t the right course of action for a particular business, the same bankruptcy concepts and knowledge can be used to assist a troubled business in moving forward in a positive direction.

         Why do I enjoy assisting businesses? From a bankruptcy lawyer’s perspective, one of the best parts of assisting businesses is working with the skilled, smart and dynamic personalities of the at-times successful ventures. I have met so many amazing entrepreneurs over the years. Another positive aspect is learning about various types of thriving businesses where formerly I had no familiarity. Where else can mere lawyers get to deal with asbestos mass torts, railroad switchyards, construction businesses, truckers, loggers and manufacturers who deal with almost every raw material imaginable? It is important to become somewhat familiar with the processes so that you are better able to understand the options for the business. 

        While consumer bankruptcy practice is extremely rewarding, especially in light of the true relief that we can assist individuals in achieving, business bankruptcy adds another layer of intellectual stimulation you can’t always get from the more routine consumer cases. Even after countless years in the field of bankruptcy, a business case can involve a section of the bankruptcy code that we’ve either never encountered or never really utilized fully. During those more complex cases, we small-town Vermont lawyers get to interact with and work with some of the most skilled bankruptcy legal minds in the country. With all that creative thinking, the possibilities are endless!

Y- Consumer Bankruptcy Law?

         Y-Consumer bankruptcy law?  Why do I enjoy practicing in the field of consumer bankruptcy law?  This is an easy one.  Did you ever wish you had a magic wand you could use to make problems simply vanish?  Doesn’t everyone?  Bankruptcy is a unique area of law where under the right circumstances and when the case is prepared correctly, relief magically appears!  Obviously it isn’t magic, and the bankruptcy laws are extremely complex.  But in what other area of the law can you fix problems relatively quickly and inexpensively and provide a complete fresh start?  Bankruptcy erases bad luck and bad choices, allowing the client to start over and build anew.  

 

Other practitioners assume bankruptcy is depressing because clients are struggling, having reached a complete low-point in their lives.  But in reality, the practice has the complete opposite effect.  Generally, clients are truly happy with the result and can move forward with a huge weight lifted off of their shoulders.  Sure in other areas of law, winning a long legal battle can have the same effect, but nothing is as quick and efficient as a simple Chapter 7 bankruptcy case in making problems disappear.  

 

 In our practice, we are constantly reminded that bad things happen to good people, which of course is humbling and somewhat depressing.  But by recognizing this, we have the ability to objectively distill the issues in each case, without judgment, and figure out the best way for the client to move forward in a positive direction.  The vast majority of clients say they feel that the weight has been lifted even just after the initial consultation. 

 

I would implore anyone who is struggling to stay afloat to consult with a bankruptcy lawyer early enough so that all options can be explored.  Bankruptcy is undoubtedly a last resort and is not always the best option.  We will be the first to suggest alternatives if they truly apply.  Our job is to listen and find out the best options for each client.  And just maybe, the client might be a perfect candidate for that magic wand. 

       Y-Blawg?  With all the blogs out there, why blog?  Sure, blogs are a way to start a conversation, share knowledge and experiences and familiarize the reader with your subject matter.  The most important aspect, though, is the blog’s ability to bring the reader closer to you.  Law by its nature is very impersonal and almost always seems to find a way to de-humanize a process.  When looking for a bankruptcy lawyer, certainly knowledge and experience are foremost. But then what? A client wants to work with someone that they are comfortable with.  Someone a client can feel like they ‘know’ even if they’ve never been over to the lawyer’s house for tea.  So blog #1 is about me!

 

I’m not going to repeat my bona fides here.  You can read about my federal clerkship, years in practice, teaching experience and my work with the Vermont Bar Association on our website.  Not to toot my own horn, but when it comes to bankruptcy law, I know my stuff.  I’d have to!  I chose to stay in Vermont after my clerkship, despite the ridiculously low pay scale, because I met my husband here in 1992.  We were in love with the State almost as much as with each other.  Where else can you still leave doors unlocked and really know most of the people you deal with on a regular basis?  With all its beauty and amazing people, there is nowhere else I’d rather be.  I live very close to the office with my husband, son and our shaggy labradoodle.  We love to play tennis, to hike and to just be outdoors.  My husband, being from Ireland, is obsessed with soccer, as is our son, so much of our spare time of late is trekking to and from games and practices. 

 

What I hope you will notice when you come in for a consultation is that I truly listen.  Because of the nature of my practice, no one wants to come see me.  I realize that.  Everyone’s story does have some element of similarity, whether it be bad luck, bad choices, bad health, bad relationships – something bad. But by recognizing that no one wants to see me, I also recognize that everyone wants to tell their story as to how they got to where they are.  And I want to listen, because no two stories are exactly alike. You can’t fully gauge the best options for someone without knowing where they came from and where they want to go.  We provide a sympathetic ear combined with the knowledge and experience necessary to move forward in a positive direction.