- What makes you and your firm the best qualified to represent
us?
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Here are the highlights
of why you should hire me and my law firm to represent you in the SSH
matter:
1. We are Certified Specialists in Bankruptcy Law and this is a bankruptcy
matter. I am Certified as a Specialist in Bankruptcy Law by the California
Board of Legal Specialization of the State Bar of California. My Senior
Associate Attorney Gail Higgins is Certified as a Specialist in Bankruptcy
Law by the American Board of Certification. To see my resume, follow this
link:
http://www.bankruptcypower.com/resume.html.
2. We have substantial experience in bankruptcy law (26 years of
experience for me). This includes handling major fraud cases and suing
lenders to discharge student loans.
3. We are top rated attorneys. Martindale-Hubbell publishes peer review
ratings regarding an attorney’s legal ability and ethics. I have been
awarded their highest rating, "AV," A for excellent legal ability and V
for very high ethics. My firm and I have had this rating for more than 15
years. This can be independently verified by you by going to
Martindale.com or go directly to
the webpage with my profile:
http://www.martindale.com/Michael-J-Berger/77858-lawyer.htm
or the web page with my law firm's profile.
Here is more information about the Martindale-Hubbell pier review process
as posted on the Martindale.com
website:
"For over a
century, lawyers have relied on the Martindale-Hubbell® Law Directory
for authoritative information on the worldwide legal profession. The
Martindale-Hubbell® Peer Review Ratings™ play an integral role in this
service to the legal community.
Buyers of legal services, as well as those making referrals, consider
Martindale-Hubbell Peer Review Ratings invaluable when evaluating a
lawyer. Whether choosing between two equally qualified candidates or
looking for counsel in another jurisdiction, lawyers and consumers need
to have confidence in the individual under consideration. Using
ratings, they can select counsel with superior ethics, as well as the
desired level of professional experience.
Martindale-Hubbell Peer Review Ratings attest to a lawyer's legal
ability and professional ethics, and reflect the confidential opinions
of members of the Bar and Judiciary. They appear in all formats of the
Martindale-Hubbell Law Directory, in the online listings on
martindale.com, on the
LexisNexis® services, on CD-ROM, and in print.
An objective way to assess a lawyer
A Martindale-Hubbell rating guides buyers of legal services and those
referring business in making faster, smarter decisions. A rating's
third party validation of ethics and legal ability provides that extra
level of confidence that the right lawyer or firm has been selected. By
combining a rating with a review of other data in a lawyer's
Professional Biography - such as practice areas, bar memberships,
professional affiliations, education and clients - a person can be
certain he or she has made the right choice for that particular legal
matter.
A cooperative effort with the legal profession
Martindale-Hubbell Peer Review Ratings are established by lawyers. The
legal community respects the accuracy of ratings because it knows that
its own members — the people best suited to assess their peers — are
directly involved in the process"
4. Our clients consistently give us 5
star ratings and tell the world about how we have helped them. To verify
this, go to the City Search Los Angeles website and look up Michael Berger
in Los Angeles , or go directly to this link:
http://losangeles.citysearch.com/review/41833096?rpp=20&providerSource=cs
These reviews are independent reviews and are posted on an independent
website.
5. We are geniuses. Both Gail Higgins and I are members of Mensa, the
International High IQ Society.
6. We are compassionate. We enjoy helping people. This is why I chose to
be a bankruptcy lawyer. This is why my Senior Associate Attorney Georgeann
Nicol does the AIDS ride every year, riding her bicycle from San Francisco
to Los Angeles and raising tens of thousands of dollars to fight AIDS in
the process.
7. We are high energy people, and we put that energy into helping our
clients. I am a 17 time Marathon finisher with a Boston qualifying
personal best time of 3:24:18 set at the St. George Marathon on October 7,
2006. I will be going back to Boston this April 21 for my 5th Boston
Marathon. Senior Associate Georgeann Nicol paces others in Marathons,
teaches spin, and is an Ironman Triathlete.
8. We are the overwhelming choice of the Silver State Helicopter Students.
As of today [April 1, 2008 - editor],
more than 700 SSH students have hired us to represent them in the SSH
case. This is far more than every other law firm combined. The combination
of our experience, intelligence, compassion, hard work and reasonable fee
has made us the choice of SSH students from every location across the
Country. Again and again, students who have done their research and
consulted their attorney friends have chosen us.
9. Attorney Peter Lown of Jonesboro, Georgia, has given us his unqualified
endorsement and referred his SSH clients to us. Mr Lown represented
approximately 40 SSH clients, making him the attorney with the third
largest group of SSH clients, behind the Law Offices of Michael Berger and
the Dan Reed/Harward & Associates firm. On Tuesday, March 18, Mr. Lown
sent the following e-mail to all of his SSH clients:
"Folks:
I have been continuing my investigation and research on the evolving
situation with Silver State post bankruptcy. In this vein, I have
reviewed and spoken to two other law firms stepping up to represent
former Silver State students, the Brown, Dean law firm in Texas and the
Berger law firm in California. At this point I feel you will be better
represented by one of the other firms and it is my recommendation that
you all sign-up with the Berger Law firm without delay. I have reviewed
Mr. Berger’s qualifications and discussed his litigation plan with him.
I believe Mr. Berger is eminently qualified to handle this litigation
and he has now signed up over 400 other students. There is considerable
strength in numbers, and Mr. Berger has already made a considerable
investment in the case. I also met two of his attorneys at the
bankruptcy 341 hearing and they were very aggressive and on target in
their questioning. I will be refunding any remaining trust funds and I
plan to have the meeting with you scheduled for April 6th at the usual
location in Casa Grande.
Pete
Peter Charles Lown
HARRINGTON & LOWN
9425 South Main Street
Jonesboro , GA 30236-6023
Tel.: 404-520-0171
Fax: 404-506-9149"
Earlier that same day, Mr. Lown sent
me the following e-mail:
"Michael:
Thank you for taking the time to speak with me today. With the
information you have provided regarding your plan for litigation
against the various parties involved the Silver State operation and
your substantial client base, I am convinced that you are best
positioned to represent former Silver State students in attempting to
make them whole. I will be recommending that the 40 clients Randall
Stone and I represent in Arizona retain your firm to continue their
litigation with Silver State . I am very pleased that someone of your
ability and determination has come forward to help these people.
I am looking forward to working with you.
Pete
Peter Charles Lown
HARRINGTON & LOWN”
Attorney Steven Sayler of San Diego,
with approximately 20 SSH students, has followed suit and has referred all
of his SSH clients to us.
10. Our flat fee of $800/SSH client is the only flat fee being offered by
any law firm, and is by far the most reasonable fee. There is no hourly
fee, no contingent fee, and no chance of us asking you for any more money
on this matter, ever.
11. We have already been highly active on this case. For example, when
other attorneys stayed home, we sent our 2 Senior Associates to the First
Meeting of Creditors in this case, and took a leading role in the
questioning of the debtor. For more information about this and our other
work on this case, check out my blog
www.bankruptcypower.blogspot.com
12. Our 4 part plan of attack makes sense:
A. Assisting with filing a proof
of claims and assisting the Trustee and Office of the United States
Trustee in actions to recover fraudulent and preferential transfers so
that assets can be brought into the SSH bankruptcy estate for the
benefit of creditors.
B. Negotiating with AES, Student Loan Xpress, KeyBank and Citibank re:
discharge / voiding of loans made to our SSH student clients and the
filing of one or more Adversary Proceedings in the SSH bankruptcy to
accomplish this.
C. Cooperate with all governmental authorities interested in criminally
prosecuting and fining all individuals and entities criminally
responsible for the disappearance of tens of millions of dollars in
student loan funds.
D. Investigating every government program, state and federal, that may
provide relief to our clients.
13. We take the time to answer every
phone call and every e-mail.
There is much, much more to say, but I think that is enough for now. We
are the law firm that is best qualified to represent SSH students. |
- What if we do not hire an attorney, what will happen to us if
you are successful with representing others? In other words, will we
benefit or be excluded from benefiting?
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Only our clients
will directly benefit from our representing them. Any settlement with the
lenders and any judgment against the lenders will apply to our clients
only. |
- I have heard others refer to this as a class action suit, is
that true, if not why not?
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We are not filing a
class action suit. We are filing a lawsuit that lists our clients by name
and has only our clients as its Plaintiffs. We believe that this increases
our chances of succeeding for our clients. Class Action lawsuits in
bankruptcy Court are extremely rare and present additional obstacles to
overcome. |
- How long do you feel the litigation process with dealing with
the Bankruptcy court take?
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We estimate one to two years. This is an estimate only. |
- Are you optimistic that you can assist the people that hire
you and win this case?
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We are optimistic that the benefits to our clients will far outweight the $800.00/client cost to retain us. This is not a guarantee, but is our honest belief based on our knowledge of the facts and the law and our many years of bankruptcy law experience. |
- Many former employees of SSH have posted to open forums that
there were not sufficient aircraft to train the students so there
was no way that SSH could deliver on their training promise, how do
we collect these folks testimony and bring it into the
bankruptcy court?
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Many of our clients have sent me evidence and witness information to assist me in the preparation of the case. Anyone who believes that he or she has information that may help me to help our SSH clients should e-mail the information to me at
michael.berger@bankruptcypower.com. |
- If I have a co-signer on my loan documents. is the fee to
hire you doubled to represent both of us?
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No. Cosigners are represented for free when accompanied by a paid SSH client. |
- I have heard that some folks have a co signer on their loan
documents that they never heard of and it isn't on their paperwork,
what is that all about?
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This is true. It appears to be evidence of fraud by SSH and/or the lenders. |
- Why wouldn't filing personal bankruptcy discharge my current
student loan?
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There is currently a disagreement between the lenders and certain bankruptcy attorneys as to whether or not an individual SSH student filing bankruptcy can discharge his SSH student loan obligations. For now, we recommend that any SSH student filing personal bankruptcy file an Adversary Proceeding against the SSH lender to seek to establish that the debt is dischargeable. Failure to do so will probably lead the lender to claim that the debt has not been discharged by the general discharge that the Student Debtor will receive. In general, student loans are not dischargeable in bankruptcy unless the debtor can prove that excepting such debt from discharge "would impose an undue hardship on the debtor or the debtor's dependants." 11 U.S.C. Section 523 (a)(8). |
- What if I have to file personal bankruptcy, will the fee be
reduced based on payment of this fee for SSH ?
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No. So far, we have signed up several SSH related personal bankruptcies in both California and Nevada for a flat fee of $2,000.00 + $299.00 filing fee. |
- What documentation do we need to provide to you in support of
our claim?
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If available, we would like a copy of the Student loan agreement, a recent statement from the lender, and a copy of the SSH Agreement. Many of our clients have already provided us with this information. |
- Who will complete the support of claim for the bankruptcy
court?
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We prepare, file and serve a Proof of Claim for each and every one of our SSH clients. |
- What if I already completed the support of claim, will it be
reviewed and amended by you?
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Yes. |
- I did not receive my full training yet my lender paid all of
the tuition for the program, what are my prospects to get my full
loan discharged?
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This is our hope and our highest goal. It is for the Court to decide. As I state above, we are optimistic that the benefits to our clients will far outweight the $800.00/client cost to retain us. |
- My loan company is contacting me, what do I tell them? What
do I ask for from them?
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Tell your loan company that you are represented by counsel and refer them to us, if we represent you. |
- What is the difference between discharge of a loan and
forebearance?
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A discharge of a loan is when you no longer have any legal obligation to pay the loan. For example, debts that are discharged in bankruptcy do not have to be paid. A forbearance is when the lender agrees to defer payments for a period of time. A forbearance is temporary and does not eliminate the legal obligation to pay the debt. |
- How will you keep in contact with all of us (your clients
against SSH)?
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We will keep in touch with our SSH clients by (1) posting regular updates about the case on our blog,
www.bankruptcypower.blogspot.com, and by (2) mass e-mails to our SSH clients. Individual clients will be contacted by us for any information that we need from them. |
- Will you also file litigation against the lenders because
they did not act in the proper fiduciary capacity to protect us and
they paid for training that we never received?
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All of our theories of liability against the lenders will be set forth in our Adversary Proceeding Complaint. This will include, but not be limited to, the fact that the lenders were in a special relationship with SSH, the lenders failed to properly investigate SSH, and the lenders failed to disburse the loans in a way that was proportionate to the training completed. We will put a copy of the Complaint up on the
[website] as soon as it is filed with the Court. |
- Why should we hire an Attorney to represent us in Bankruptcy
Court ?
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- What is the cost to hire you and what does it include?
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- What is the deadline to hire you?
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- How do you bring more assets into the bankruptcy court so
that there is more money available to pay out to the creditors?
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- What about EOS, how do you plan to get into their deep
pockets?
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- I have seen postings on websites from former SSH employees
that state that SSH funds were used to pay personal expenses of
Jerry and his political career, how do we gather that information
and use it?
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- If the planes and other assets were not properly titled to
SSH how can they pledge them as security to ORIX? If this was the
case wouldn't ORIX be an unsecured creditor just like the students?
Can whoever positioned the assets to be properly titled to ORIX be
sued by them for misrepresentation?
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- How do we bring pressure to bear on ORIX so they join in our
cause against Silver State, or is that not in our best interest?
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- What are the different classes of creditors and how does the
court decide who to pay what?
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- How many former SSH students do you currently represent ?
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- How many former SSH campuses do you have clients in?
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- Has a bench warrant been issued for Jerry Airola to appear in
bankruptcy court? What happens if he doesn't appear?
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- How do we ensure that former SSH assets are all accounted for
and that when they are sold that the funds go into the Bankruptcy
count?
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- How does the Trustee get paid to handle the Bankruptcy case?
What are his/her goals in relationship to this case?
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- Why does the Trustee have Legal Counsel representing them at
the hearings?
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- SSH was an LLC, what do does that mean? How does that relate
to bringing legal action against it?
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- What people in EOS and SSH are open to civil and/or criminal
lawsuits?
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- What due diligence did EOS say they did prior to purchasing
SSH?
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- What accounting firm audited SSH? Is there any legal action
that can be brought against them?
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- Are there insurance policies and insurance bonds that were
purchased by Silver State to allow them to be able to operate in
each state? Have we looked at them to see if there is any recourse
against them?
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- Postings to open forums by Former SSH employees indicate that
the health insurance premiums were not paid to the health insurance
companies yet they were deducted from the employees paychecks.
Doesn't this prove that there was an intention to file for
bankruptcy well prior to the filing?
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- What is the difference between Chapter 7 and Chapter 11 and
in your opinion why did SSH file the way that they did, in other
words, what were the benefits of doing so?
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- Who filed the bankruptcy paperwork and what was the date of
the documents?
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- Does SSH owe State Taxed or unemployment premiums?
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- What can the students do to keep this case on the forefront
of elected government officials minds?
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- From CR - SLX
was supposed to notify us in writing that our loans were approved.
In addition to loan approval notices, SLX was also required by
federal law to provide us with the Truth in Lending Disclosure
Statement. I know that some of us did get these documents but I know
quite a few who didn't. In my opinion I consider this as a breach of
contract on SLX's part. Can we use this situation in our
favor?
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- From GC - Will Michael Berger & Assoc. assist the students in
dealing with their credit and how to respond to AES when the loans
are due? I'm pretty sure these can be deferred, but I want to make
sure that we have advisement on the loans, so that I am not
sacrificing my credit while this case continues.
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