Jay Johnson | Peabody Bankruptcy Lawyer

• Member | Massachusetts State Bar Association

• Over 27 years of experience practicing law.

Misfortune can befall even the most secure and prepared among us. Recently I received a desperate call from of woman who unexpectedly lost her job of 15 years through no fault of her own. She fell behind on her mortgage and the bank had scheduled a foreclosure for the next day. She had lots of equity in her home, and she just got a new job, but the bank wouldn't budge. This fact pattern is becoming all too common with lenders beginning to get more aggressive with foreclosures in the rising real estate market. Within 24 hours we were able to get her relief in the bankruptcy court, stop the foreclosure, and draft a plan to cure her loan arrears. This client thought she was about to become homeless and now she will stay in her home and preserve her equity. All she had to do was accept that she had rights under the federal law and realize that filing bankruptcy more often than not protects the unfortunate innocent from the unreasonable, uncaring, profit motivated large business. This is why most of our clients are referrals from former clients.

When consulting with a potential lawyer to represent you, particularly in a specialized field such as bankruptcy, clients should first look for an attorney that will meet with you directly, one-on-one, for an initial free consultation. If your initial consultation requires payment of a fee, or you are meeting with a non-lawyer, you are most likely at a "factory" where your individual case will not receive the personal attention you need. Also, ask what other types of law the attorney practices. If he or she indicates several areas of practice then it is unlikely they are actually a true bankruptcy lawyer, just a general practitioner who will be susceptible to mistakes common among those who do not regularly practice in the bankruptcy courts. Finally, did they take the time to listen to the actual details of your situation? Every case is unique, and experience and attention to detail can make the difference between success and failure.

If your case is not particularly complicated, we can often advise you preliminarily on the telephone of the most likely avenue for relief for your given situation. While it is not always possible to give a complete analysis of all the relevant information in a telephone conversation, it is often possible to advise people what their likely options are. In most cases the anticipated direction contemplated in the telephone conversation turns out to be the actual course taken following full review of all required details. Our office does allow for a free in-office consultation following the initial telephone consultation, and there is never an obligation created by either the telephone consultation or the free initial in-office consultation.

Initial telephone conversations are driven by the particular client's needs and information available to client at the time of the call. Rarely will potential clients have more than a general summary of their situation available to them when they make the initial call. They have an idea what their income sources are but not exact numbers, they have a rough idea what their debts and assets are, and they know if there is a pending situation that requires immediate attention. However, this is typically enough information for a preliminary plan of action. A final plan would necessarily require an in-office visit, but again the initial in-office consultation will be without charge or obligation.

Without hesitation I can say the most rewarding aspect of my job is that I get to do something unique in the legal profession - I get to make peoples' lives demonstrably better, with more certainty and at a lower cost, than any other alternative available to them. By far the most common way we meet our clients is through referrals from previous clients. It is very common for our clients to exclaim when their case is finished "I should have done this sooner." Sadly, some people wait until all their savings and retirement have been expended before coming to see us. They didn't realize they could keep their home and retirement savings, and typically all their assets, because of the exemptions available to them by law. It is normal for people to appear stressed, sleep deprived even, the first time they come to our office. The second time we see them they are relaxed, they have slept without worrying how they will meet this obligation or that, and they are comfortable because they have a realistic, workable plan to get a fresh start by exercising their rights under the federal law.