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BANKRUPTCY AND SOCIAL JUSTICE

What I’m talking about in the video here is what bankruptcy is really about.  All areas of the law, whether bankruptcy or some other kind of law, is about justice.  That’s why our application of laws is called the “justice system.”  

BANKRUPTCY IS THE LAW

When you took on each of your debts contract law applied.  Each transaction was a legal one:  a contract.   The field of contract law is complex and there are numerous exceptions for honoring contracts even apart from bankruptcy law.   There is a very developed list of Defense categories to contracts.  Yet contracts is just one major division of legal doctrine.    There are torts, property law, constitutional law, business law, probate and trusts and the list goes on.

What all these legal spheres have in common is the goal of social order and justice.  Bankruptcy law’s aim is exactly the same.  However, in order to accomplish its aim bankruptcy law has to cut across many established principles of tort, contract and other legal fields.   It turns many other legal disciplines on their heads.   But remember, it is the same legal system.    There is a reason bankruptcy law is allowed to do this.

BANKRUPTCY TURNS YOU RIGHT SIDE UP WHEN YOU’RE UPSIDE DOWN

When you are upside down financially, and if you’re insolvent you are because the natural order of having more assets than debts is turned upside down, then something in the “normal” legal order has to be temporarily turned upside down as well to get you right side up. 

I AM A LAWYER PRACTICING LAW

I find myself in the peculiar circumstance of having to remind my clients from time to time that I am a lawyer practicing law.  I am not helping them “get away” with anything, or beat the system in any way.  I am part of the system.  Yes, I have to be clever in how I help them use the bankruptcy laws and there is a substantial difference between an artful use of the bankruptcy laws and a mediocre or bumbling one.  But it is all within the system.

When you use LeverLaw’s services, you are also working within the legal system.   You can only use this legal system if you are in circumstances where you need it, and no one puts themselves there purposefully. 


We understand the need for this system and take great pride in our role in it.  Believe it or not, it takes talent to advise insolvent people and get them back to health.  Your results will not be the same no matter which attorney handles your case.  You are not a widget running down a factory line.   What we do during your bankruptcy makes all the difference in the kind of fresh start you will experience.  Part of that difference is to make you understand the process so you don’t feel guilt and shame from participating in this part of the legal system.


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