The problem was the "confirmation brief" was filed late. Of course, I had a relatively good excuse - Stella had been in the hospital for the past two weeks and I was a bit preoccupied. When I returned to work, last Thursday, I spent the last two days of the week resolving the various objections and filed the brief. My briefing did not mention why it was late. I figured the fact all of the objections had been resolved would be sufficient and I would make a passing reference to why it was late to the extent anyone really cared.
My logic behind this was really twofold - First, I don't feel the need to share my personal business on the record. It is personal. And, no one (Judges primarily) gives a shit. They get paid when their children are hospitalized and can cancel hearings on a whim. They are largely incapable of understanding that some of us only get paid when we actually work. More on this later. Second, the fact that the objections were resolved and everyone was accepting the plan is far more important than why my brief was late.
So of course the primary issue at this hearing was whether I was sufficiently contrite or something for filing a late brief. I got to hear about basically what a fuck-up I am for not informing the Court as to my personal business and some references that I had performed poorly in this particular court over the past few months. On the "performing poorly" in the court over the past few months, I am not sure what hearings or matters the Court was referring to as I checked my calendar and over the last 3 months I had 4 hearings in that court, one being a motion to re-open (granted), a Chapter 13 confirmation hearing (plan confirmed) and Chapter 13 motion to dismiss (motion was withdrawn). Anyway, after some idle threats about disciplinary referrals (I was very close to saying if getting a plan confirmed on the first hearing is discipline worthy, go for it), we proceeded to the merits and viola plan confirmed.
I think the Court was referring to a motion to dismiss hearing back in June on this case, where I made an argument that the court found offensive. I am not going to bore my loyal readership as to what this argument was but it was 100% legally correct and I stand by it. If you really want to know, ask me offline. That hearing was a complete debacle and basically because of this one argument it turned into a 45 minute critique of my audacity in making this argument. For reasons that are beyond the scope of this post, the case was not converted or dismissed and things proceeded to confirmation. However, I violated a cardinal rule of law practice - lack of contrition for the perceived sins of myself and my clients.
Anyway, this brings me to my point (or rant) - practicing law isn't really about results, it is more about understanding your place in the world of the court you happen to be in. Apparently my place in the world is not sufficiently advanced so therefore it is more important that I beg forgiveness then get the job done. I most definitely could have avoided the pain by giving some brief speech how about how sorry I was and I wouldn't do it again.
The reality is I do not accept my place on the totem pole. I am not going to beg forgiveness for getting the job done. Nor am I going to ask for forgiveness for putting my family ahead of a briefing. Along those lines, I am going to share with you how I really feel. The bottom line is I have yet to encounter a bankruptcy judge who could do my job for 5 minutes. A few couldn't do it for 30 seconds. I can think of a few exception to my previous statement - ironically one of the exceptions is a judge out in Riverside that everyone hates.
I don't know whether I'd be a good judge or not. But I do know, I could sit on my ass granting uncontested relief from stays and rubber stamping the Chapter 13 Trustee's recommendation without breaking much of a sweat. I could do that while playing online poker on my laptop and only pretending like I actually read the moving papers.
I have no doubt in a game a bankruptcy law jeopardy I'd crush most of the judges (minus several exceptions). I've been to a few of the "round tables" (sit in a room while Judges and self-appointed experts talk to down to you for one hour of CLE credit) and learned absolutely nothing. So I do not go anymore. While it is beyond the scope of this post, I can make a list of comically incorrect things various judges have held on the record. Some of them are embarrassingly bad.
This really shouldn't surprise anyone because if you read some of the judges bios you will see a surprising dearth of actual bankruptcy law experience. I think if someone is going to be a judge he or she should have some experience in that area of law and actually be competent. It is not too much to ask. As for the judges that have been on the bench for a long time, they seem to age more like vinegar than wine. I am not sure why that is.
I have no doubt not a single sitting judge would even be remotely interested in my advice, but in the oft chance one of them is to stumble upon this fine post, I'd offer the following - read all the papers filed in the matter. If you aren't familiar with the issue, do some of your own research. Have empathy for all the parties and attorneys in the court. Try to see things from their part of view - it isn't as easy as it seems. Don't get on a power trip - don't belittle or demean parties who can't talk back. Finally, try to focus more on the "substance" i.e result than the "form".
In conclusion, I don't feel like I have anything to be sorry about regarding today's case I did the best I could given the circumstances and got the job done. If someone thinks otherwise, that is their problem not mine.
P.S. - If you read this, please don't email me to tell me to take this down lest some judge reads it. I am pretty much most of them who have seen me around probably have already ascertained this is how I feel. I'm sure many of them feel the same way about me.
P.P.S - If you want to know any particulars, let me know offline.
I have learned that the law isn't black and white nor is justice blind. This is an awful switcheroo that life has thrown me during a metaphorical point of no return. ..
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