On Being an Asshole, 01/20/2004

What is it about people, that makes them think that the way to get what they want from someone is to be an asshole?

Today I was insulted by some Englishman using a term that I'm not sure I even understand. I think he kept saying, "what kind of a cobblehead did that?" And my response was, "that would be me."

I've been working on these preference claims. It's not a law I made up. It's not my plan or scheme to screw these people over. While I enjoy the litigation aspect of my job, I understand the unfairness of the situation and try to treat everyone with respect.

But it is my job. It is what Congress intended when they passed the bankruptcy statutes. I've not gone off on some tangent without anything to back it up.

Case in point. One of my cases is for a $15,000 claim. The lawyer called, early on, and offered me $1000 to settle. I told him I needed some concrete reasons why I should do that. He gave me some b.s. reasons (I'm not sure the lawyer I've been talking to practices bankruptcy law because his grasp of the concepts seems weak) and seemed insulted when I wasn't carried away by them. Then he cried poverty. Now I'm a reasonable person, if they really are going to go out of business if they have to pay, I will listen to reason. So I said, "get me some financial information to back that claim up and maybe we can talk;" of course, his client doesn't want to do that. So then the lawyer (or he says his client but I don't know that I believe him) sic'ed a reporter on me who wrote a shitty little article about this bankruptcy and these claims. So then he calls again to rehash his b.s. theories. I asked for authority to support those theories. There are companies that make millions of dollars a year collecting and indexing and selling copies of every opinion ever issued. Of course, there isn't any Court who has agreed with this guy. He tells me everyone he talks to agrees he is right, but no courts have agreed with him. And last week I learned he, or his client back to this not believing him thing, called the Bank's attorney to complain to them how he was being mistreated. And he calls again today to ask for another extension of time to answer. And he wants me to file the paperwork. And he tells me that this claim won't make a bit of difference to the estate. And he tells me he knows I've been making all these sweetheart deals with all these other defendants. When I asked who he thought I'd made a sweetheart deal with he couldn't come up with any names. And everytime he calls he insults me though his are more subtle than my cobblehead friend.

And then this other guy calls today. I sued him. I didn't get an answer. I wrote to tell him I was going to take default judgment if he didn't file an answer. He told me he'd been throwing away all the mail he'd gotten on this case. I think I sent one other letter so I'm not sure what bags of mail he'd been throwing away unopened. I was doing this guy a favor. I could have taken default judgment and let him try to unravel it when I hired someone to collect the judgment. Instead of being greatful, or pleasant, or kind, he called me a cobblehead. He couldn't believe this was happening. He couldn't believe that the company owed him money and he was now getting sued. He thought this was another reason to leave this country (he was from the United Kingdom but I couldn't tell from the accent exactly where); I surpressed the urge to tell him it wouldn't hurt my feelings if he did go. He complained about corporate America. And he kept calling me a cobblehead.

I got to work at 8:30 this morning. I sat my butt down and only got up once to get coffee and go to the bathroom until I left for lunch. I came back from lunch and sat in my butt back in my chair and worked all afternoon. I prepared pleadings, looked at copies of checks and check registers until I thought I'd go blind and talked to these jerks on the telephone.

None of this has made me change my position. I'm not going to cut the first jerk a super good deal. If anything, it has illustrated to me how important it is to be able to support the decisions we've made on all these cases. I've not done anything for any of them that I wouldn't do for any of the others. I try to treat everyone with respect and kindness.

These couple of assholes today have made me wonder if I don't have the wrong idea.

Peace,
M&Co.