Bankruptcy

I file Consumer Bankruptcy for people seeking relief under Chapter 7 or 13.

• Chapter 13
• Chapter 7
• Debt Relief
• Personal Bankruptcy
• Foreclosures

MI, Nov 1989
Bar Number: P43216

State of Michigan and Sixth Circuit Court of Appeals.

State Bar of Michigan, voted by peers onto the Board of Directors for the Consumer Bar Association.

I frequently attend educational courses provided in the bankruptcy field.

I was the trial attorney and attorney on appeal in the case of Rembert v. AT&T Universal Card Servs. (In re Rembert), 141 F.3d 277, 1998 U.S. App. LEXIS 6896, 1998 FED App. 106P (6th Cir.), 1998 FED App. 0106P (6th Cir.), 32 Bankr. Ct. Dec. (LRP) 531, Bankr. L. Rep. (CCH) P77666 (6th Cir. Mich. 1998).

This case involved the issue of what the proper standard should be in determining fraud on the part of a Debtor. At trial the Bankruptcy Court held that my client could not discharge her debts because while she may have intended to repay her debts at the time they were incurred, she did not have the objective ability to do so. This holding endangered the ability of Debtors everywhere to discharge their debts, because so many people incur debt intending to pay the debts back when they do not have the present ability to do so. That is the primary reason people borrow money, because they don't have the money themselves and expect to get the money in the future. The attorneys representing AT&T Universal Card and Citibank at trial were at the time the largest creditor firm in bankruptcy. I had about a dozen cases against the firm at the time, and would have countless more in the future. I just could not let this case stand as precedent.

Working with other Debtor attorneys (David Lewiston, Marshall Schultz and Dennis Brodsky), we appealed. I briefed the case and argued it before the Federal District Court in Detroit, and the Sixth Circuit Court of Appeals in Cincinnati.

Ultimately, the Court reversed the Bankruptcy Court's holding and held the debts were dischargeable, and that a Debtor who incurred a debt with the good faith intention of repaying it could discharge the debt in Bankruptcy.

This case remains one of the three most important cases in the country concerning bankruptcy fraud, with Anastas in the Ninth Circuit and Mercer in the Fifth Circuit the others - and the Mercer case largely followed the Rembert case.

In the Bankruptcy Case In re Vinson, 337 B.R. 147 (E.D.Mich. 2006), the Bankruptcy Court held the State of Michigan's Homestead Exemption was unconstitutional. To give you a little background, the State of Michigan's applicable statute passed in 1963 allowed Debtors to keep (Exempt) up to $1,500 in Equity in Real Property when they filed for Bankruptcy. That may have been a fair amount of money back in 1963, but by 2003 this amount was greatly out of whack with inflation, especially given the housing market at the time. The Michigan Legislature at long last increased the amount to $34,450; and $51,650 for Senior Citizens or those who are disabled.

Almost a year later, the Michigan Bankruptcy Court had held the Statute Unconstitutional. It had taken the State forty years to amend the Statute, and there seemed little doubt it would be another forty years before they got around to it again. I was brought in as Counsel to brief and argue the case before the Federal District Court, which reversed the Bankruptcy Court's holding and affirmed the right of the State of Michigan to set its own laws. (I don't mean to sound overly critical of the Bankruptcy Court's decision, the Statute in question was written very poorly.)

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Michigan

I have been a solo practitioner since 2007. I represent individuals in Consumer Bankruptcy cases.

In March, 2007, I left my partnership in order to become a solo practitioner. My goal in creating this office was to start a practice that focused on clients, and giving each person and their case the time, attention and individual care needed to help those I represent so they may gain a fresh start, get out debt and get their lives back.

1990 to 1993 St. Louis Public Defender
1993 to 1996 Self Employed
1996 to 1999 Associate Law Offices of Marshall D. Schultz and David Lewiston
2000 to 2003 Associate at UAW Legal Services
2003 to 2007 Founding Partner at All County Legal Services

Voted by Bankruptcy Attorneys and those in the practice onto the Board of Directors for the Consumer Bar Association.

Lisa Berkowitz

(248) 559-6939

Business hours Monday through Friday.

Evenings and weekends available with appointment.

Yes

My prices vary depending on the case. I pride myself for charging reasonable and competitive fees.

I almost always charge a flat rate, except in Chapter 13 cases involving post-confirmation work.

Initial consultations with me are free.

My retainer varies depending on the case.