“Don’t be afraid to give up the good to go for the great.” — John D. Rockefeller
Whether a case is filed under Chapter 7, Chapter 11, or Chapter 13 of the Bankruptcy Code, issues can arise that that lead to conflict between the parties to the case. The ability to resolve some or all issues in dispute can be helpful in reducing time and resources needed to reach an outcome. Mediation can also be useful and allow all parties to focus on remaining outstanding factors in the case.
With Howard’s background as an attorney for the US Department of Justice Office of the United States Trustee, law clerk for a Bankruptcy judge and counsel for the Chapter 13 trustee, he bring a unique perspective and understanding to the process.
Challenges
• Possible litigation and the related costs and time that parties may incur
• Uncertainty of outcome of litigation
• The need for timely determination of outcome of an issue
Solutions
• Be honest about your needs and what you can or are willing to do to meet the needs of others
• Be willing to “think outside the box” and come up with creative solutions
• Make commitments and stick with them
Process
• Help identify who needs to be at the table to reach resolution
• If appropriate, bring the parties together to discuss the current situation and explore creative solutions – both short term and long term
• Document Solutions