New York, NY—For David Edelberg, bankruptcy attorney at the New York and New Jersey firm of Nowell Amoroso Klein Bierman, working in bankruptcy at a general practice firm means being able to give better service to his clients.
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“It allows me to service someone—even if they need work outside my field, I can still service them,” Edelberg explained in a recent interview with laws.com.
Changes to the bankruptcy code in 2005 haven't had the effects that members of Congress or lenders have expected, according to Edelberg, who was named a recipient of the American Jurisprudence Award in Bankruptcy.
“On the consumer end, it made it more expensive. There are more things you've got to do,” he says. “On the commercial side, it changed some deadlines. I think what's changed for a practice, in general, over the last five years, is that it's gotten a little harder to find people who can pay you—but I think that's true in every field, not just ours.”
New Jersey bankruptcy attorneys can face even more issues than lawyers in other states, because of a perceived difference in bankruptcy courts and judges. Edelberg says: “A lot of Jersey based companies, if they can find a basis to file in Delaware or New York, seem to prefer that venue. They seem to believe that the judges are more pro-debtor or better with their fees. These courts have reputations of being more debtor friendly—this is widely believed to be the case.”
Edelberg believes that there are clients that bankruptcy attorneys should turn down, even if they really want to attempt to file. “In Chapter 11 cases, there are impossible cases that we don't file. I hate to do a Saddam Hussein,” he quips, continuing: “I have clients who say, 'I don't care, I'm going to lose, but I want to fight until the end.' I say, that didn't work for Saddam, and I don't think it's going to work for you, either.”
For law students considering a career in bankruptcy law, Edelberg emphasizes using extreme caution, because the market for bankruptcy lawyers is limited today. “I think the legal field is a challenging field to go into. If I was talking to someone who was contemplating law school, I probably wouldn't encourage it.” One area, though, still offers reasonably good career prospects: “If you had an engineering background and wanted to go into intellectual property that is the most intelligent way to go into law today.”
Edelberg knows that no business wants to file for bankruptcy, and also has seen his share of businesses that needed help in order to survive. “If you can keep a business alive, or keep someone with a roof over their head—you do it, even if you have to cut off some of the arms that have gone gangrenous to do it,” he says. “I find that in every situation, there is generally a way to make the best of a bad situation, and that's sort of what we look to do. The situations we deal with are challenging, but you're looking to make the best out of a challenging situation.”
Today’s fast paced business environment requires experienced and proven counsel. Nowell Amoroso Klein Bierman provides such representation.