News: The Alabama Lawyer Articles

FROM THE ALABAMA LAWYER – Stolen Moments with Nelle “Harper” Lee

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The young lady at the desk greeted me warmly as I entered The Meadows, the assisted living facility, in Monroeville, Alabama. “Can I help you?” she asked. I flashed my sweetest smile and cleared my throat. I was at the pinnacle moment of a journey that had started months, even years earlier and I was going to savor every nerve-wracking moment of truth, no matter how poorly it could all end.

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FROM THE ALABAMA LAWYER – Duck, You Sucker! Avoiding the Nigerian Check Scam

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On a typical Monday morning, Atticus Darrow, Esq. receives an atypical email that sends his pulse racing. A businessman from Nigeria has run into some trouble collecting a debt from an American corporation, and he needs Mr. Darrow’s help. Mr. Darrow is thrilled – he’s always longed to break into the international debt collection scene, and now he has his chance!

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FROM THE ALABAMA LAWYER – Do You Speak Body Language: Mastering the Art of Nonverbal Communication

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What are your thoughts when your client asks, “Do you really think that a person like me could commit such a horrible crime?” Is this projective sentence a simple statement, or is it an evasive response that she’s using as a defense mechanism? According to research on nonverbal communication, this question, and the answer, are quite complicated.

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FROM THE ALABAMA LAWYER – The VLP and a Tractor

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Mrs. Annie Taylor learned she was being sued for conversion when a man appeared at her apartment door and handed her a notice requiring her attendance in Tuscaloosa County Small Claims Court. The man told her she was being sued and that the lawsuit was scheduled for trial.

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FROM THE ALABAMA LAWYER – Getting Paid: Retention and Compensation of Special Counsel in Bankruptcy

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Ignorance of the law is no excuse. We all learned that in law school. Still, you don’t know what you don’t know. And when it comes to bankruptcy law, too many of us just don’t know some basics, like how to protect your fee. Non-bankruptcy lawyers routinely represent debtors or their litigation opponents in non-bankruptcy disputes, such as personal injury claims. To comply with your duty to competently represent clients who are in bankruptcy or litigating against a debtor, and to protect your fee, know these fundamentals.

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FROM THE ALABAMA LAWYER – Subchapter V: A New Reorganization Model for Small Businesses

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Chapter 11 bankruptcy has been a graveyard for far too many small businesses. Too often, small businesses enter a Chapter 11 bankruptcy case only to have the bankruptcy case subsequently dismissed or converted to liquidation in Chapter 7.

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FROM THE ALABAMA LAWYER – Bankruptcy Sales (and Non-Bankruptcy Alternatives) for Buying and Selling Distressed Assets

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Rising interest rates, inflation, and a global economic slowdown create the perfect storm, pushing some companies into financial distress. These conditions can also create opportunities for investors to make strategic acquisitions of distressed assets.

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FROM THE ALABAMA LAWYER – Rebuttal: Alabama’s Gubernatorial and Legislative Responses to the COVID-19 Pandemic Were Valid, Constitutional, and Appropriate

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As a lawyer who defends healthcare providers that continued to care for patients during the COVID-19 pandemic, I take a different view from my opposing counsel who published an article in the September edition of The Alabama Lawyer.[i] See David Wirtes, Jr., Joseph D. Steadman, Aaron N. Maples, & Joseph D. Wirtes, Are There Constitutional Issues with Alabama’s Gubernatorial and Legislative Responses to the COVID-19 Pandemic?, 83 Ala. Law. 311 (Sept. 2022) (the “September Article”).

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FROM THE ALABAMA LAWYER – Too Broke to File Bankruptcy: Why We Need the Alabama Bankruptcy Assistance Project

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ABAP is a statewide project created to help debtors who need a chapter 7 bankruptcy but can’t afford the attorney’s fees to file. All five volunteer lawyer programs in the state participate, enabling ABAP to serve each of Alabama’s 67 counties.

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FROM THE ALABAMA LAWYER – Consumer Bankruptcy for the Non-Bankruptcy Lawyer: The Nuts and Bolts of Chapter 13 and Chapter 7

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That dreaded word – “bankruptcy!” No other area of practice quite strikes fear into the minds of state court practitioners and newbie attorneys than bankruptcy.

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