David G. Hicks, Attorney

When I graduated from law school and passed the bar exam, way back in 1982, I was hired by a big firm to work in its Omaha branch. We were on the 17th floor of a skyscraper, and I did legal research and wrote memos to my boss. I rarely saw clients and never felt like I was actually helping anyone. That was not why I went to law school.

It was time to start my own firm. I teamed up with Oliver Pollak in 1987, and our firm has thrived ever since. I now see thousands of clients and help people every day. We have grown to four lawyers and are located in both Omaha and Council Bluffs. We serve people, families and small businesses all over Nebraska and Iowa.

Bankruptcy law is a very rewarding practice. It is satisfying to save homes from foreclosures, get back repossessed cars, put a stop to garnishments of paychecks and help people get a brand new start in a life where things went wrong. I can think of no better way to make a living. The United States of America was settled by good people looking for a fresh start; my typical clients are also good people looking for a fresh start.

I have worked hard at being a good lawyer. I have become an expert in bankruptcy law. I am only one of three certified bankruptcy specialists in the State of Nebraska. I took many extra classes and passed an exam in Washington, D.C., to earn that certification back in 1992, and I have kept it each consecutive year since then. The certifying board is called the American Board of Certification, which is jointly sponsored by the American Bankruptcy Institute and Commercial Law League of America.

I have written scholarly legal articles for encyclopedias, lawyer training manuals, law reviews and various professional and lay publications I have taught bankruptcy law and corporate law at the Nebraska College of Business. I am frequently asked to be a lecturer on bankruptcy topics to bankers, students, teachers, trustees and other lawyers (click here).

I enjoy putting that experience, skill and knowledge to work to help my clients with their financial problems. I try to be a good listener and come up with creative, compassionate solutions.

One thing that makes me mad is lawyers who advertise themselves to be bankruptcy lawyers, but don't do a good job for their clients. They say the don't use cookie cutter approaches and that they treat all clients as unique individuals, but then pawn them off to their assistants and maybe spend 10 minutes with the person on their case. Or they'll say they have spent years building their firms from the ground up to be positioned to efficiently serve only your interests, then when it's time to go to court, they don't fight for you. My partner and I do not run our firm in this manner. Here, you will have a lawyer with you every step of the way.

At my firm, you can call in with a question and be put through to a lawyer at no charge. He or she will listen to your situation and then give you a rough price estimate. Then you will be transferred to a friendly staff person who will arrange a convenient appointment for you and take down some basic information. Your initial meeting will be with a lawyer; there is no obligation to commit to anything or pay anything until the lawyer has finished the free consultation.

If you decide to proceed, the lawyer will take a small down payment, called a retainer, and start dealing with your creditors and working on your case. We have an experienced, well-trained, friendly staff that will then help you with your budget, credit counseling, getting your credit report or whatever else you need. They will be in touch with you to ensure that the papers get prepared accurately. They will set up your next signing appointment, where as you might guess, you sign the papers. Again, at the signing you will meet with your lawyer, you will not be punted off to an assistant. Your Pollak and Hicks lawyer will review each and every page with you making sure all of the details are correct, from the spelling of your name, to accurately listing the debts you don't want to keep from those you do (e.g. house, car, etc.). Then you and the lawyer will both sign.

That very day, your case will be electronically filed with the Bankruptcy Court. We will ensure that we receive your case number immediately by e-mail and use that number to stop creditor lawsuits and harassment. You will typically only have to go to Court once, which is actually more of a meeting than a court. Again, a Pollak and Hicks lawyer will be with you at your court meeting.

Many times, that's basically the end of what you have to do. Your lawyer will make sure the Court sends you your final discharge order when the judge signs it (typically in about two months). Sometimes there are loose ends after the Court hearing, such as paperwork to keep your house and car. Again, your attorney will help you with these, and remind you of anything else you need to do. You will get copies of everything, every step of the way.

I have also had numerous rewarding successes helping save small businesses. If I can help a business owner reorganize, it typically has a ripple effect. Jobs are saved instead of having to lay people off. The community retains a business and the tax base that goes with it instead of having a boarded up empty building. Also, the owner can get protection from being sued on the guaranty that they typically have
provided to finance their business. I have saved businesses in Nebraska and Iowa, from those having two employees and those having up to about two hundred.

Bankruptcy law is also intellectually rewarding to me. In order to be an effective and successful bankruptcy practitioner, you have to deal with all kinds of laws and legal issues. To name a few, these include tax problems, divorce decrees, mortgages, contracts, leases, social security, pensions, wills and sometimes even criminal law.

If you are having financial problems of any kind, big or small, complicated or easy, come in and talk about it. We are conveniently located; the parking is easy and free. Have a cup of coffee and have one of our lawyers lend a sympathetic ear. When your appointment is over you will marvel at how easy it was. If you have made your decision and hired us at the end of the meeting, we will take over your burden and you will feel much better walking out than you did when you came in. I know because I have seen that happen over 10,000 times in the past 20 years. Don't pay your collectors another cent until after you hear what we can do for you. I look forward to meeting with you soon.