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Kathleen G. Cully

Kathleen G. Cully

Kathleen G. Cully, PLLC
220 Madison Ave.
Suite 14B
New York, NY 10016

Phone: (212) 447-9882  |  Fax: (260) 846-9431
http://www.kgcully.com

Contact Kathleen G. Cully

Making the system work for you

Legal Topic

Bankruptcy

Preferred New Clients

Chapter 7, Chapter 13, Debt Relief, Foreclosures and Evictions, Debt Collection, Debt Collector Harassment, and Consumer Finance.

Sub-Categories

Bankruptcy
  • Chapter 13
  • Chapter 7
  • Credit Disputes
  • Debt Relief
  • Garnishments
  • Credit Repair
  • Credit Restoration
  • Creditor Harassment
  • Personal Bankruptcy
  • Foreclosures

Bar Admissions

NY, Jan 1983
Bar Number: 1866326

Other Court Admissions

Southern and Eastern Districts of New York.

Association Memberships

American Bar Association (Consumer Financial Services Committee); National Association of Consumer Bankruptcy Attorneys; New York State Bar Association (Committee on Derivatives and Structured Products); New York City Bar Association; American Securitization Forum; Association of Corporate Counsel; and Association of Small Claims Arbitrators.

Continuing Education

I attend legal education seminars on the topics of bankruptcy, consumer financial services, consumer protection, landlord/tenant law, derivatives, structured finance and other subjects related to my practice.

Papers and Publications

I blog at Consumer Finance & Bankruptcy (http://kgcully.wordpress.com).

Example Cases

A couple with two children accumulated unmanageable credit card debt, largely to support the children, during the husband's two-year unemployment. I helped them file a Chapter 7 bankruptcy petition that relieved them of this debt and enabled them to begin rebuilding their credit and a new, sustainable financial future.

Another couple, also with two children, took on credit card debt to remodel their house to add an apartment for the wife's widowed mother, intending to convert the debt to a mortgage when the apartment was completed. But when it was finally completed, a mortgage wasn't available due to the credit crisis, the wife's business began to drop off, and the credit card companies raised their interest rates, so they weren't able to pay the minimum payments on their cards. One of the credit card lenders sued and the others called them both at home and at work. I delayed the lawsuit and worked with the creditors to give them time to sell a second home (at a much better price than under foreclosure) and pay the renegotiated credit card debt in full, with a Chapter 13 bankruptcy in reserve to preserve their equity in their home.

Education

Degree:

B.A.

School:

Reed College

City:

Portland

State:

OR

Year:

1971

Focus and Accomplishments:

History

 

Degree:

J.D.

School:

Yale Law School

City:

New Haven

State:

CT

Year:

1982

Focus and Accomplishments:

Articles Editor of the Yale Law Journal and Editor of the Blue Book.

Number of Attorneys

1

State Licensed In

New York

Firm Focus and History

My firm is focused on consumer finance: helping people deal with debt. Usually this means a Chapter 7 bankruptcy; often it involves debt negotiation, stopping creditor harassment, dealing with possible eviction, foreclosure or repossession or Chapter 13 bankruptcy. In every case, I listen carefully to my client and work with him or her to develop the best strategy for that person facing that particular situation.

My firm opened in January 2007. I am a sole practitioner using a virtual office and top-rated technology to save my clients money while achieving the best possible results. A member of the American Securitization Forum, I also continue to practice in structured finance, securitization and corporate law, keeping up to date on the latest developments. This gives my clients the advantage of knowing what the lending and securitization industry thinks and is very helpful in negotiating with creditors.

Previous Employment Summary

I was the General Counsel of the bond insurers CIFG and ACA Capital and Deputy General Counsel of Fitch Ratings, one of the top three rating agencies. I was also Associate General Counsel and then Global Securitization Coordinator for Citigroup. I began my legal career as an associate with Sullivan & Cromwell LLP.

Activities and Awards

• Pro bono work for the New York City Bankruptcy Assistance Project and the Housing and Civil Courts of New York
• Arbitrator in the Small Claims Court
• Director and Secretary of the nonprofit Opera Company of Brooklyn

What is your opinion regarding clients educating themselves on legal issues?

I think it's an excellent idea; I maintain a detailed resources page on my website (http://www.kgcully.com/WebResources.shtml) to provide information to clients and anyone interested in consumer finance and bankruptcy. To borrow from the famous Syms slogan, an educated client is the best client. I always explain the law, the available alternatives and the possible benefits and costs to each client in detail so that they can make an informed decision, and I welcome and enjoy working in partnership with an educated client to achieve the best result for him or her.

Are you willing to review documents prepared by clients?

The New York Rules of Professional Conduct permit this only if it's "reasonable under the circumstances." Because reasonably careful document review almost always requires full knowledge of the circumstances, I can only rarely review documents without representing the client. In those rare cases permitted by the Rules of Professional Conduct, I'm happy to do so, but I may be required to notify the judge and/or opposing counsel. In almost all cases, my client is best served by an unlimited representation, in which I advise on all aspects of the situation with full knowledge of the facts.

Requests for limited representation normally arise from a desire to save money. I keep my fees low enough to enable full representation of my clients.

Are you willing to coach clients who want to represent themselves?

The same answer as before: in the rare circumstances where it's reasonable, I'm happy to do it, but I may be required to notify the judge and/or opposing counsel. Also, my fees have been set so that my clients will benefit from my full representation.

Why did you decide to be a lawyer?

I took my father's advice, who said I should be a lawyer because I loved to argue.

More seriously, I decided to be a lawyer to provide for my family (I was the only breadwinner) and to help other people while doing so. It was also a profession that seemed a good fit for an analytical and practical person like me who enjoyed solving problems.

What work experience and education helps you be a better lawyer?

My experience in financial market practice has made me very efficient, able to focus on both the details and the goals, and familiar with the financial system in all its aspects, especially consumer lending.

My life experience is probably even more important: I identify with my clients because I'm one of them. The daughter of a laundryman, I went to college and law school on scholarships and student loans. I was the sole support of my family of five children, so I know what it is to live from paycheck to paycheck and stretch to provide for my children. Now that my children are grown and I no longer need the income to provide for them, I'm glad to be able to help other people realize their financial goals.

Why did you decide on your primary area of practice?

I chose consumer finance and bankruptcy twice. First, when I decided to become a lawyer, I intended to specialize in consumer finance to help people in their dealings with banks, retailers, and other large institutions. When I began to practice securitization, structured finance and workouts, I felt that I was helping individual consumers by making financing reliably available at a lower cost. I chose it most recently after I left that practice (which was no longer helping individual consumers), to return to my long-term interest. It was also a natural development of my financial practice, changing the focus to the consumers who were always the foundation of the financial markets.

What do you like best about your career?

I enjoy working with my clients to solve problems, improve their situation, and achieve their goals. I also enjoy the intellectual stimulation of finding a solution to a problem that works for everyone. And I enjoy feeling that what I'm doing makes a difference, in a small way to the economy and in a large way to my clients.

Tell us about your law firm:

I am a sole practitioner. Each client deals directly with me and has my undivided attention.

What are your strengths and style?

I help make the system work for my clients, instead of against them. I give every client the benefit of my years of experience in the securities, securitization and structured finance industries, enabling them to achieve the best possible solution to their problems and to understand the statistically driven business model of their creditors, which makes their bankruptcy or workout a win/win solution for both sides instead of a failure. I identify with my clients and thoroughly explore their situation, researching the law to achieve the best possible outcome while keeping costs as low as possible.

Personal Interests:

I'm a dedicated though unskillful amateur photographer, especially of my family, and have a longstanding interest in history (especially ancient, classical and medieval) and pre-modern literature, poetry, and music. I also have a thriving balcony garden and enjoy knitting, crocheting, sewing and other handcrafts.

Fax

(260) 846-9431

Office Hours

Monday through Friday
9:00 a.m. to 6:00 p.m.

Evening hours available.

Emergency After Hours

Yes

Fixed-Price Services and Fees

Filing a routine bankruptcy petition: $1,000 for Chapter 7 and $3,000 for Chapter 13.

Hourly Rates

$300 per hour for additional or other services.

Free Initial Consultation?

Yes; half an hour.

Typical Retainer

No.

Understanding Fees

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