Robert Gambrell | Hernando Bankruptcy Lawyer

I have been involved in litigation in numerous cases that have made a difference for bankruptcy debtors throughout Mississippi, whether they have been or will be represented by my firm or by other firms. One of those cases, In re Irby, Case Number 1411973, was in April 2015, ruling in a chapter 13 bankruptcy case that contained litigation with the MS Department of Employment Security ("MDES"). The MDES was taking the position that it was entitled to be paid 12.0% on its secured claims, as 12.0% is the statutory rate for debt owed to the state of Mississippi for taxes and for other debt owed to the state. MDES was taking this position because § 511 of the Bankruptcy Code states that a governmental entity is to be paid its statutory rate on tax claims. However, the MDES claim in this case was based upon an overpayment of unemployment compensation benefits to the debtor. My position was that the over payment is not a tax and therefore, the MDES claim can be paid a lower rate, just like any other secured claim.The MDES and I briefed this issue for the Court, and the Court agreed with my position finding that the debt owed to the MDES was not a tax and thus, the secured claim would be paid the Till Rate, which in Mississippi is presumed to be 5.0%. The MDES is now filing its proofs of claims throughout the state of Mississippi proposing that it be paid 5.0% instead of 12.0% on its secured claims in chapter 13 cases.

I have taken over several bankruptcy practices of other attorneys, starting with the purchase of a practice from an attorney's estate after his death. I have done this numerous other times with attorneys that have retired or passed away and from one attorney that was disbarred. Since I have made sure that my staff and I return our clients' phone calls and move quickly towards resolving their problems. For example, one of those clients gave the following testimonial on another website: My legal relationship did not start with Robert Gambrell. I retained another attorney for my chapter 13 bankruptcy. That attorney due to health issues stopped practicing law. My case, as well as the bulk of that attorneys case load, was turned over to Robert Gambrell and his office. By this point my attorney received all of his money. Robert was receiving no money from me or the court on my behalf. So when when I needed Robert Gambrell and his office to help resolve legal issues regarding the bankruptcy court I was amazed to find that his service not only exceeded my expectations, (that were low, based on the situation, he was not getting paid), but I have to rank it among best service I have received anywhere in any industry. Robert himself returned calls and text quickly and efficiently. He was prepared every time we spoke. His staff is superb and followed his example of stellar customer service. I wish the attorney that I paid in the begin had been that efficient. I personally believe if more attorneys were like Robert Gambrell there would not be punch line jokes about attorneys. I hope his is an example that changes the industry for the better. Sometimes I joke with others when asked why I have been so successful and I respond that I cheat. I generally get a response like, "You cheat?" Then, I say, "yes, my staff, my associates and I return our phone calls.".

An attorney that is knowledgeable in the fields in which they practice. In most cases, that means the attorney should limit his/her practice to only one or two areas because of the time that it takes to stay current in each area of the law. An attorney that has compassion and understands that clients are there because of significant legal problems. Most of the time, lawyers earn their money helping people who are in need of help dealing with health, financial and other legal issues. An attorney that works hard at not procrastinating. Everyone has some difficulty with this issue, but the attorneys that are the most successful are able to force themselves to work on even the hard cases to get the work done for their clients.

In the bankruptcy field, it is very important to know the trustees and the judges that will be assigned to the cases that he/she will file. Each trustee and judge will handle the cases assigned to them in a different manner on numerous issues. Having that knowledge when representing one's client is crucial to good representation. The same applies to Social Security disability claims. Knowing how the administrative law judge (ALJ) handles his cases, whether he/she prefers a detailed opening statement and what issues are important to that ALJ helps me as the SS claimant's representative to win his/her case.

If the facts are clear, our attorneys can advise if they will qualify for chapter 7 with the limited amount of information that can be supplied on a phone call. If not, we will advise the client on what pay stubs and other income documentation we will need to complete the means test at the initial consultation. We can also give a short summary of how chapter 7 and/or chapter 13 would work in their case, explaining what information we will need at the first consultation to give him/her more precise information at that time. With Social Security disability claims, we need to know the claimant's age, education level, work experience over the past 15 years, what exertion had to be performed on each of the prior jobs, a summary of the claimant's medical condition and impairments and the date the claimant was last employed. As to the current status of the case, we need to know if the claimant has filed a Social Security disability application and if that application has been denied, if the denial has been appealed. We also need to know the date of the denial and or the date the case was appealed.

The total amount of unsecured debt (credit card, signature loans, utility bills and deficiencies owed after a repossessed auto has been sold by the creditor.) The total amount of student loan debt. The payoff balance on each secured loan, such as auto loans and house mortgages; the monthly note payments on these loans and how many payments the prospective client is behind on those payments. A close estimate of the prospective client's household monthly income. If there have been any prior bankruptcy cases filed in the past 8 years; then the chapter that the case was filed under, was it ever converted and was it dismissed or discharged.

I am one of the few bankruptcy lawyers and Social Security disability lawyers in N. Mississippi that has been selected as one of the top 5% of attorneys in the state by SuperLawyers.Com. In addition to advice on bankruptcy, our firm provides our clients with advice on how to recover from bankruptcy after the case has been discharged; including how to review and correct errors on his/her credit report and how to rebuild his/her credit score.

Helping people to get through their financial difficulties and helping them to know what to do to become financially stable after bankruptcy. Seeing past clients and hearing them tell me how they have bought a home and are no longer borrowing from finance companies and pay day loan companies gives me the belief that I am making a difference in some people's lives.

• Member | Mississippi Bankruptcy Conference
  Member | Mississippi State Bar

• Super Lawyer, SuperLawyers.com, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015

• Matter of Hailes, 77 F.3d 873 (5th Cir. 1996), Case won for debtor before Bankruptcy Court and was affirmed by District Court and by FIfth Circuit Court of Appeals In re Whitley, 2011 WL 674786 (Bankr. N.D. Miss. 2011), Motion was denied by bankruptcy court and the matter was utilmately settled. In re Rhymes, 2008 WL 723975 (Bankr. S.D. Miss. 2008), Debtor received partial relief, the claim of creditor for more than $60,000.00 was reduced to $12,369.79 and that portion remained a lien on the debtor's homestead. In re Haydel Properites, Ltd, Case No: 12-50048 (Bankr.S.D.Miss 2012); Debtor prevailed. The court ruled that the claim of creditor's claim against property of the Debtor could be modified even though, the Debtor was not the borrower. In re Stringer, 508 B.R. 668 (Bankr. N.D. Miss. 2014); Debtor prevailed. The court ruled that an oversecured creditor's interest rate of 27% could be modified reduing the rate to a Till rate. In re Irby, Case No. 14-11973-JDW, Bankr.N.D.Miss 2015; Debtor prevailed. The court ruled that the MS Department of Employment Security's secured claim is not a tax claim and as a result, the interest rate can be modified to the Till Rate.

• Avoidance of Liens on Household Goods, Business Equipment, etc | ms-bankruptcy.com/articles
  
  Myths about Bankruptcy and Debt Collection | ms-bankruptcy.com/articles