But it will also include debts for some corporate taxes that a “responsible corporate officer” can be required to personally pay if the corporation does not. These include monies withheld for taxes owed by an employee, the employee share of social security taxes and state sales taxes. Consultation will allow payment alternatives, and the repercussions to be understood. Do you have a particular approach or method used to assist failing businesses considering bankruptcy or is every case different? I have a generic intake form for businesses and individual clients. While each case is different, there are common scenarios that are used to solve financial problems. I have a few written explanations for some common scenarios that I provide to clients, as appropriate. This helps me explain bankruptcy law is not magic. I want my client to be informed and understand, without going to law school, just how the law works and how the law can benefit them. What are the pros and cons of filing for bankruptcy? The big advantage is that the purpose of a bankruptcy is to obtain a discharge. A discharge once meant a discharge from debtor’s prison. Now it means that debts of most kinds are no longer a legal obligation. Alternatively, my clients are concerned about a potential stigma from filing for bankruptcy. There is some. Bankruptcy will remain on a credit report for ten years. But missing payments contributes to a bad credit score also. About two years after receiving a discharge, and resuming timely payments often causes credit scores to rebound. Can filing for bankruptcy at an earlier stage benefit me personally? Could it be disadvantageous for me personally to file for bankruptcy at the later stages? I want to say, earlier is better, but not too late. I have had calls from individuals saying, “I’ve lost my job, and I need to file, now.” I discourage filing until that person returns to work. This allows more negative issues which will occur during unemployment to be included. A good lawyer will work on the timing of filing as well as filing. Do you have a particular style or approach for your clients – what do you think the most important aspects of a lawyer-client relationship are? Trust. I have stopped talking about my experience. I simply ask questions that focus on a client’s situation. Clients understand that from the questions, I know what is important. I offer explanations about how the law works relative to their situation. That builds trust, the key to any successful attorney-client relationship. About Martin P. Sheehan, Esq. I am a 1980 graduate of Duquesne University School of Law in Pittsburgh. I clerked for a federal judge in Pittsburgh before becoming an Assistant United States Attorney. As an AUSA, I handled civil, bankruptcy and general criminal cases. I left after being involved in a RICO case involving a locally notorious figure. My walls contain a Merit Award from DOJ and a letter of commendation from the FBI Director. I joined a regional law firm in 1992. During that employment, my most complex case involved the defense of a college student accused of killing her new-born child. Complexity was everywhere due to medical and psychological issues. Over time, my practice has involved complicated legal problems of every sort. In 1993, I was appointed as Chapter 7 Panel Trustee in West Virginia. I joined the National Association of Bankruptcy Trustees soon after. I am a long-time member of the Amicus Committee of NABT. I also served as Editor of NABTalk for 3 years. Over the years, I have contributed various articles to that publication and others. In 2014, I had the honor to serve as National President of NABT. I served as an adjunct lecturer at West Virginia School of Law, primarily teaching Advanced Bankruptcy (Chapter 11), but also Introduction to Bankruptcy (Chapters 7 and 13). I found a case that I had won had been included in then Professor, now United States Senator, Warren’s textbook. WWW.LAWYER-MONTHLY.COM 19 Early consultation is always better! Contact E: Martin@MSheehanLaw.net T: (304) 232-1064
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