Bankruptcy Through the Looking Glass with Barry Levine

The Challenges of Dealing with Clients

One of the biggest challenges attorneys face: clients who think they already know the law. With access to Google and second-hand advice from friends, many people come to believe they fully understand bankruptcy. While this sometimes saves time, it often complicates the process.

One major issue is document submission. Despite the availability of software like Best Case, which allows clients to upload documents through a portal, many still take photos of paperwork instead of providing proper PDFs. This results in unnecessary back-and-forth, making what should be a straightforward process more cumbersome.

In Chapter 13 cases, additional complexities arise as attorneys must calculate a debtor’s disposable income. However, clients frequently overthink the process, making it more difficult than necessary.

The Impact of Dishonesty and Lack of Transparency

A significant frustration for bankruptcy attorneys is clients who fail to disclose their full financial situation. Attorney Barry Levine recalls a case from the late 1980s when a client “forgot” to mention six properties he owned. At the time, checking real estate records required physically visiting registries across Massachusetts, which wasn’t feasible given the low fees attorneys charged.

Barry acknowledges that some clients hide money, but in his experience, it’s rare. Many debtors simply aren’t financially savvy enough to stash away large sums. Those who run successful businesses are more likely to prepare for financial downturns, but even then, it’s uncommon.

Complex Bankruptcy Laws and Regulations

One of the regulatory changes Barry finds frustrating is the consideration of household income in bankruptcy filings. Previously, only the debtor’s income was factored in. Now, if a spouse has a high income, they may be required to contribute to the debt, even if they weren’t responsible for it.

He also notes that young attorneys often struggle with basic procedural requirements, such as providing the trustee with necessary documentation. Without a Blue Book value for a vehicle or an accurate real estate appraisal, cases become more complicated than they should be.

The Role of Creditors in Bankruptcy Cases

Barry has learned not to make empty promises to creditors. Instead, he tells them the truth: if there’s no money to collect, suing is a waste of time. He believes most creditors just want to be heard, but debtors often make the mistake of avoiding their calls rather than directing them to their attorney.

Many debtors also make unrealistic promises to creditors, which only worsens the situation. Instead of offering unachievable repayment plans, Barry advises honesty from the start. He describes the debt collection process as inherently slow and inefficient, giving clients ample time to file for bankruptcy before a creditor can take serious legal action.

Procedural Frustrations in Bankruptcy Law

Barry finds it absurd that attorneys must file a certificate of service for documents that are already electronically shared with all relevant parties. He believes this redundant paperwork needs to be eliminated.

He also highlights the frustration of making minor amendments to bankruptcy plans. Even if a change is purely typographical, it often requires filing an amendment that doesn’t impact payment terms. Most creditors don’t even read these documents—only government officials do, because it’s their job.

Finding Fulfillment in Bankruptcy Law

Despite the frustrations, Barry finds satisfaction in helping clients. Many come in overwhelmed by financial stress, but leave his office feeling relieved. He reminds them that bankruptcy is just about money—it’s not life-threatening. Credit card companies and banks can handle the losses, and getting sued is not the end of the world.

Barry’s humor and pragmatic approach make a difficult process easier for his clients. Even small things—like realizing his electric car doesn’t come with a spare tire—help keep life in perspective.