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ARE YOU INTERESTED IN POSSIBLY JOINING ME IN A THIRD WAVE SUMMIT OR SABBATICAL TO JAPAN NEXT SUMMER? PLEASE LET ME KNOW!

Did you know the Biblical Sabbath is the origin for the present-day practice of “the weekend”, meaning Saturday and Sunday in which most do not have work scheduled, or where, like me, your work schedule is more relaxed.  It comes from the Hebrew Shabbat meaning literally a “ceasing” in work.  It is meant to be a hiatus.  Also from this comes the concept of sabbatical, which is an extended version, which traditionally lasted a year.  But, in recent time sabbatical has come to mean any extended absence in one’s career in order to achieve something.

Many times what we want to achieve away from work is just a better understanding of things.  We just want to get away and experience new and much different surroundings.  To open up our minds to new possibilities.  To avoid the mental restrictions and constraints under which we live from day to day.

There is just something about being away for a while, and I do not mean simply near a computer or cell phone in a different location.  I mean out of pocket and mysteriously away from the action long enough to consider other things and other factors that might positively impact our lives.  To get away to someplace you might not otherwise go on your own.

So, although I have not made any plans, I would like your input on what I am thinking.

I am thinking about ditching it all for a week next summer, leaving the country for a more foreign culture, in an effort to see how the rest of the world lives and works — literally.

I am thinking about a Third Wave conference, or really more of an un-conference of sorts (a sabbatical if you will) wherein we legal professionals (lawyers, assistants, law students, techies, consultants, bloggers and the like) can commune and discuss with each other the concepts, the benefits and the nuts and bolts of the Third Wave Practice of Law, including the home-based practice, the virtual law firm, the niche practice of law, cheap tech, marketing and growing a non-traditional law practice, and collaboration, just to name areas.  While, at the same time, getting our minds clear and our horizons adjusted and calibrated properly, by experiencing a different culture, a different environment, seeing the sights, and studying really comparative law or legal practices.  How does the law differ in different places of the World?

CLE would be great, and with some planning there is no reason why this could not be added or achieved so as to kill two birds with one stone.  This might also add some tax incentive to the trip.

Get away from the kids, the pets, and the pressures of the home and office for a week.  Leave the cell phone and the email behind.  Travel and experience and share and learn in a group of like minded law professionals.

I am thinking that maybe we can plan a trip together to Japan thinking that what will change our perspective culturally will assist us in changing our perspective about the practice of law in our country, and allow us to more fully understand what is truly possible.

It also goes to better understanding and appreciation of the concept of work-life balance or blending.

Japan, it would seem, would offer us that difference, enjoyment and entertainment we all want.  And, with its mass transit, it could very well offer us something reasonably affordable.

My daughter, Mary, knows the county well, has worked there, has a degree in Japanese and is fluent.  Many in Japan speak English as well.  She could be our guide, and in that she will have finished her third year of law school by that time, she fits in our criteria and has our interest at heart.

I would hope that along with seeing the traditional sights, that we could arrange to visit a Japanese law school, a law firm and government offices to get a perspective how how things differ and not.

I understand that it is a lot to consider, but I would like to be able to gauge the interest out there for such a trip next summer.  There is no reason to go to the effort over the next year if there is not enough serious interest.

So, here is what I would ask of you.  If you would be interest in attending such a retreat and learning experience next summer (alone or with your significant other), please email me and let me know.  I want to start by compiling a list of possible participants that want to understand more about the Third Wave practice of law and other cultures.  I am looking for both newbies and those who would have the capability and would care to share your expertise with everyone about related matters, such as law firm tech, blogging, marketing, networking, collaborating, niching a practice, working from home, unbundled legal services or the like.  Obviously, there is no obligation at this point and no money to put down for the trip, but I would like to have a list of people who would be greatly interest.

Email me at -

chuck@chucknewton.net

And, give me your contact information and any ideas that you might have for such a trip.

Other bloggers and social media types, please help me spread the word to other legal professionals.  Your assistance would be greatly appreciated.

If we get enough interest, we will start planning and organizing something more formal for your review.

Many times what we want to achieve away from work is just a better understanding of things.  We just want to get away and experience new and much different surroundings.  To open up our minds to new possibilities.  To avoid the mental restrictions and constraints under which we live from day to day.

There is just something about being away for a while, and I do not mean simply near a computer or cell phone in a different location.  I mean out of pocket and mysteriously away from the action long enough to consider other things and other factors that might positively impact our lives.  To get away to someplace you might not otherwise go on your own.

So, although I have not made any plans, I would like your input on what I am thinking.

I am thinking about ditching it all for a week next summer, leaving the country for a more foreign culture, in an effort to see how the rest of the world lives and works — literally.

I am thinking about a Third Wave conference, or really more of an un-conference of sorts (a sabbatical if you will) wherein we legal professionals (lawyers, assistants, law students, techies, consultants, bloggers and the like) can commune and discuss with each other the concepts, the benefits and the nuts and bolts of the Third Wave Practice of Law, including the home-based practice, the virtual law firm, the niche practice of law, cheap tech, marketing and growing a non-traditional law practice, and collaboration, just to name areas.  While, at the same time, getting our minds clear and our horizons adjusted and calibrated properly, by experiencing a different culture, a different environment, seeing the sights, and studying really comparative law or legal practices.  How does the law differ in different places of the World?

CLE would be great, and with some planning there is no reason why this could not be added or achieved so as to kill two birds with one stone.  This might also add some tax incentive to the trip.

Get away from the kids, the pets, and the pressures of the home and office for a week.  Leave the cell phone and the email behind.  Travel and experience and share and learn in a group of like minded law professionals.

I am thinking that maybe we can plan a trip together to Japan thinking that what will change our perspective culturally will assist us in changing our perspective about the practice of law in our country, and allow us to more fully understand what is truly possible.

It also goes to better understanding and appreciation of the concept of work-life balance or blending.

Japan, it would seem, would offer us that difference, enjoyment and entertainment we all want.  And, with its mass transit, it could very well offer us something reasonably affordable.

My daughter, Mary, knows the county well, has worked there, has a degree in Japanese and is fluent.  Many in Japan speak English as well.  She could be our guide, and in that she will have finished her third year of law school by that time, she fits in our criteria and has our interest at heart.

I would hope that along with seeing the traditional sights, that we could arrange to visit a Japanese law school, a law firm and government offices to get a perspective how how things differ and not.

I understand that it is a lot to consider, but I would like to be able to gauge the interest out there for such a trip next summer.  There is no reason to go to the effort over the next year if there is not enough serious interest.

So, here is what I would ask of you.  If you would be interest in attending such a retreat and learning experience next summer (alone or with your significant other), please email me and let me know.  I want to start by compiling a list of possible participants that want to understand more about the Third Wave practice of law and other cultures.  I am looking for both newbies and those who would have the capability and would care to share your expertise with everyone about related matters, such as law firm tech, blogging, marketing, networking, collaborating, niching a practice, working from home, unbundled legal services or the like.  Obviously, there is no obligation at this point and no money to put down for the trip, but I would like to have a list of people who would be greatly interest.

Email me at -

chuck@chucknewton.net

And, give me your contact information and any ideas that you might have for such a trip.

Other bloggers and social media types, please help me spread the word to other legal professionals.  Your assistance would be greatly appreciated.

If we get enough interest, we will start planning and organizing something more formal for your review.

Posting Sign About The Debtor Can Constitute A Stay Violation (Judgment Achieved On One Of Our Cases)

United States Bankruptcy Judge Bill Parker of the Eastern District of Texas issued JUDGMENT against a creditor in one of our adversary proceedings finding that posting a sign concerning the pre-petition debt owed by the Debtor constituted a willful violation of the stay.  Worse for the creditor was the fact that the Court found that the creditor should pay actual and punitive damages of $21,820.00.

In James Bradley Collier v. Paul Hill the Court found that Hill's Mobile Home Parts & Service sold various mobile home parts and materials to Brad Collier prior to Mr. Collier filing a Chapter 13 bankruptcy, and Mr. Collier owed Paul Hill a pre-petition debt of $984.23.

Initial errors by Mr. Collier and the Bankruptcy Court failed to provide actual notice to Paul Hill and his company, Hill's Mobile home Parts & Service.  However, after confirmation by Paul Hill that Brad Collier had filed Chapter 13 bankruptcy, Paul Hill engaged in two improper acts in violation of the automatic stay.  First, he retained Josh B. Maness to represent him in regard to collection of the pre-petition claim.  Mr. Maness sent a letter to Brad Collier's bankruptcy attorney, Jean H. Taylor, confirming the bankruptcy, yet demanding the full balance of the pre-petition debt.  Misstatements were made in the letter that Mr. Maness attributed to an unfamiliarity as to how to use the Bankruptcy Court's PACER/ECF system.  Regardless, the Court found the letter constituted a willful violation of the automatic stay issued in Mr. Collier's Chapter 13 bankruptcy because no good faith defenses are allowed as to stay violation.  The Court concluded this "ill-informed conclusion based upon an insufficient investigation" was "not a technical violation based upon an innocent mistake" as "[t]his is precisely the type of behavior that the automatic stay is intended to preclude".

Based on the letter alone, litigation was not initiated.  Jean Taylor contacted Josh Maness and informed him that his assumptions as stated in the letter were incorrect.

Second, and more concerning, Paul Hill and his company posted a large sign near a major intersection of US Highway 80 and FM 2199 in Scottsville, Texas, not far from where Brad Collier, his family, his friends, and his employer lived and worked, which read - "BRAD COLLIER OWES ME $984.23 WILL YOU PLEASE COME PAY ME!"  (Emphasis in original).  It is unclear if Mr. Maness encouraged the sign to be posted by Paul Hill, but he did continue to represent Mr. Hill in his refusal to remove the sign.  It remained posted in public view  for a period of 21 days, and Paul Hill only agreed to remove the sign at the hearing scheduled by the Bankruptcy Court on Brad Collier's requested expedited hearing for an injunction.

Following the precedent of the 5th Circuit Court of Appeals in Campbell v. Countrywide and In re Chesnut, the Bankruptcy Court found the sign constituted a willful violation of the automatic stay pursuant to 11 U.S.C. § 362(k).

Paul Hill vigorously contended that the posting of the Scottsville sign did not constitute a violation of the automatic stay, "[n]otwithstanding the actual languageusd in the sign" because it was not posted to collect a debt but rather "to inform the public that Collier wouldn't pay his debts and not to give him any credit".  Mr. Hill testified that he had already "written off the debt" and that the threat of a judgment and the sign were intended to create embarrassment for Mr. Hill.

The Court found that "[w]hile embarrassing the Debtor in their shared community was certainly a motive of the Defendant, the Court finds that such a motive had an objective - to coerce the Debtor into paying his debt".

Mr. Hill contended throughout the litigation that the directive on the sign -- "WILL YOU PLEAS COME PAY ME!" - did not constitute an effort to collect a debt because there was no question mark at the end of the sentence.  However, the Court found that the use of an exclamation mark in lieu of a question mark demonstrated that the opposite was true.  "The exclamation mark transforms the sentence into a directive, which demands that the Debtor pay the debt."  The Court further found that the Bankruptcy Code was clear. "Any effort, action, or demand by a creditor to collect a pre-petition debt violates the automatic stay".

Regardless of the stay violation, Paul Hill contended that he could not be sanctioned for his action of posting the sign because of his entitlement to exercise his free speech right under the First Amendment to the United States Constitution, citing Turner Advertising Co. v. National Serv. Corp. (In re National Serv. Corp.), 742 F.2d 859 (5th Cir. 1984).  Since the Scottsville sign constituted free speech, Hill through his counsel contended, it could not be curtailed by 11 U.S.C. §§ 362(a) and (k).

As to this argument the Court found:

"While there are certainly components of speech involved in virtually every expression offered about the filing of a bankruptcy case, the automatic stay and the restrictions contained therein focus not upon speech but rather upon the restraint of actions -- actions that threaten the core objectives of the Bankruptcy Code and the judicial system designed to achieve those objectives.  It proscribes conduct — conduct that threatens the “breathing spell” and the “fresh start” to which an honest debtor under this system is entitled as it fulfills the duty of full disclosure of its assets and liabilities — as well as conduct that threatens the efficient marshaling of those assets in order to insure a fair and equitable distribution to creditors. The scope of the automatic stay may at times incidentally impact free speech, but those isolated intrusions are justified in order to accomplish the significant governmental interest in providing uniform bankruptcy laws and an effective means by which to implement them".

Paul Hill's decision to continue with the sign and stating it was intended to embarrass Mr. Collier might have proved fatal.  The Court awarded actual and punitive damages of $21,820.00 as against Mr. Hill.

Our Third Wave Manifesto Is Published By Texas Bar Journal

Acceptance ... at last.

I am pleased to announce that the January issue of the Texas Bar Journal will contain our manifesto on the Third Wave Practice of Law.  You can read a copy of the article in PDF by CLICKING HERE.

The State Bar of Texas is a mandatory bar association, and it is one of the largest in the United States.  The Texas Bar Journal is distributed by mail to over 97,000 members and subscribers each month.  I know I read it from cover to cover.  It represents an outstanding forum to discuss the changing practice of law.

It is so vitally important for other lawyers, staff and law students to understand that they do have alternatives to the traditional practice of law.  I would encourage you to help me populate the Web with this article.  Please help me spread the word.

We Have Redesigned The Third Wave Blog

This represents our practice blog, but we have an interest in the changing practice of law as well.  For a long time we have maintained a blog describing these changes, and our other interest, entitled Chuck Newton Rides The Third Wave.  We have spent some time redesigning that blog and giving it a new look.  Visit our Third Wave blog and let us know what you think by clicking here.

I MADE "REAL LAWYER NEWS"

I would like to thank all of those at RealLawyerNews.Com for their write up of me and my Spare Room Tycoon blog.  It is nice to find those out there that have common interest.

Adam Schachter Associates With Firm

Adam Schachter has become associated with Charles Newton & Associates and practices for this firm in the area of automatic stay and discharge order violations.  Adam received his J.D. from Southern Methodist University in Dallas, Texas in 1996.  He received a B.A. in Political Science from the University of Arizona in 1992.  He has represented over 1,500 families and small business in bankruptcy court.  Adam is licensed to practice law in the State of Texas, State of Arizona, before the United States District and Bankruptcy Courts in the Southern and Northern Districts of Texas, as well as before the United States Court of Appeals for the 5th Circuit.