Jay S. Fleischman

Jay S. Fleischman is a bankruptcy lawyer in New York. He will teach a course about consumer bankruptcy law at Solo Practice University®.

Jay is a co-founder of Bankruptcy Law Network, as well as the current President of the organization.  Jay is a bankruptcy lawyer in New York, where he runs Fleischman Consumer Law Center, a law firm dedicated to protecting consumers from abuses at the hands of mortgage companies, collection agents, and creditors.

Jay is a frequent lecturer at national as well as local bar association groups on such topics as consumer bankruptcy, violations of the discharge in bankruptcy, debt collection abuse, foreclosure defense and technology and office management.

Jay was the first lawyer in New York to get the U.S. Bankruptcy Court to rule – in multiple cases – that the refusal of a creditor to update a credit report after bankruptcy to show the debt as being discharged and having a $0 balance was a violation of the U.S. Bankruptcy Code.  In the cases of Torres v. Chase Bank USA, NA, Russell v. Chase Bank USA, NA and Gilyard-McKenzie v. HSBC Bank USA, NA the courts agreed that consumers had the right to have their credit reports properly updated.

Jay is also a member of the National Association of Consumer Bankruptcy Attorneys (“NACBA”) as well as of the National Association of Consumer Advocates. He has been the New York State co-Chairperson for NACBA for over two years.

Jay is a lifelong New Yorker, born and raised in Brooklyn.  His office is designed to make the most of technology. That doesn’t just mean he uses the Internet and send e-mail – it means his entire office is virtual. His team is scattered around the country, coming together to work on projects that call for specialized attention.

Syllabus – Consumer Bankruptcy Law

  1. Introduction to consumer bankruptcy
    1. History of bankruptcy
    2. Proliferation of consumer credit in America
    3. Role of the bankruptcy attorney
    4. Types of bankruptcy
      1. Chapter 7
      2. Chapter 13
    5. The parties involved in a consumer bankruptcy case, and their roles
      1. Debtor
      2. Attorney
      3. Creditor
      4. Trustee
      5. Office of the US Trustee / Bankruptcy Administrator
      6. Judge
    6. Organizations concerned with consumer bankruptcy
      1. NACBA
      2. NACA
      3. NCLC
      4. State and local bar associations
  2. Bankruptcy Procedures – Chapter 7
  3. Bankruptcy Procedures – Chapter 13
  4. Organization of a consumer bankruptcy law office
    1. Necessary technology
      1. CM/ECF filing system
      2. Petition preparation software packages
    2. Job functions
    3. Workflow issues
    4. Client communication
  5. Marketing a consumer bankruptcy law office
    1. Yellow Pages
    2. Television and Radio
    3. Print advertising (newspapers and Pennysavers)
    4. Websites and blogs
    5. Social media
    6. Direct mail
  6. Client Intakes
    1. Required disclosures and documents
    2. The intake process
    3. Getting the answers you need
    4. Formulating a plan, and explaining it to the prospect
    5. When bankruptcy isn’t right for the prospect
  7. Petition drafting considerations
    1. Explanation of the schedules
    2. Due diligence – what to do, and how to get it done
    3. Getting information from your clients – what you need to get, and why
  8. Petition signing procedures
    1. Reviewing the petition with the client
    2. Signing the petition
    3. Filing with the court – CM/ECF
  9. Post-filing matters
    1. Meeting of creditors
    2. Due diligence and disclosures to the trustee and court
    3. Confirmation of Chapter 13 Plan
  10. Automatic Stay Violations
    1. What to look for
    2. Closing the doors and windows
    3. Bringing a claim and making it stick
    4. Getting paid
  11. Discharge violations
    1. What to look for
    2. Bringing a claim and making it stick
    3. Getting paid