Thursday, December 20, 2007

What They Don't Teach You in Law School

From a bankruptcy listserv, trying to figure out how to save the debtor's motorcycle:

I do quite a bit of family law. I love to represent the woman when the man owns a Harley. I know we have him over a barrel on the settlement. He wants to keep his hog. We can get a better financial settlement by turning up the pressure to have him sell it to provide liquidity to the estate. They generally cave and give in on some other point to keep the Harley.

3 comments:

Anonymous said...

As a motorcyclist who recently went through a divorce, I'd just like to say $^&% that! They tried exactly that tactic with me. And I don't ride a Harley. Believe it or not, there are other brands of motorcycles, too.

Anonymous said...

It depends on what law school. I teach law school, and we did cover this specific point! The Warren & Westbrook textbook on bankruptcy at p. 278 features a problem with exactly this dynamic--a family head of household who wants the lawyer to help him keep his motorcycle despite a bankruptcy filing.

Buce said...

What I meant to say was "only at the better law schools."