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About Adam

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Adam L. WinerAdam L. Wiener

Consumer Bankruptcy Attorney for people seeking relief under Chapter 7 or 13.
Licensed in the state of Michigan
State Bar of Michigan
State of Michigan, Sixth Circuit Court of Appeals
Solo Practitioner since 2007

Firm History

In March, 2007; I left my partnership in order to become a solo practitioner.  My goal in creating this office was to start a practice that focused on clients, and giving each person and their case the time, attention and individual care needed to help those I represent so they may gain a fresh start, get out debt and get their lives back.

Experience & Education

Juris Doctoris
Washington University School of Law in St. Louis
St. Louis, Missouri
1989

Bachelor of Arts
The University of Michigan
Ann Arbor, Michigan
Year: 1986

Honors/Recognitions

Voted onto Law Schools Honor Society
Won Prestigious Hopwood Award for Novel “The Hired Gun”
Voted by Bankruptcy Attorneys and those in the practice onto the Board of Directors for the Consumer Bar Association.

I frequently attend educational courses provided in the bankruptcy field.

Two Example Cases, and Their Outcome

I was the Trial Attorney and attorney on Appeal in the case of Rembert v. AT&T Universal Card Servs. (In re Rembert), 141 F.3d 277, 1998 U.S. App. LEXIS 6896, 1998 FED App. 106P (6th Cir.), 1998 FED App. 0106P (6th Cir.), 32 Bankr. Ct. Dec. (LRP) 531, Bankr. L. Rep. (CCH) P77666 (6th Cir. Mich. 1998).

This case involved the issue of what the proper standard should be in determining fraud on the part of a Debtor.  At trial the Bankruptcy Court held that my client could not discharge her debts because while she may have intended to repay her debts at the time they were incurred, she did not have the objective ability to do so.  This holding endangered the ability of Debtors everywhere to discharge their debts, because so many people incur debt intending to pay the debts back when they will be able to do so-that is in fact the whole reason people borrow money, because they don’t have the money themselves and expect to get the money in the future.  The attorneys representing AT&T Unversal Card and Citibank at trial were at the time the largest creditor firm in bankruptcy.  I had about a dozen cases against the firm at the time, and would have countless more in the future.  I just could not let this case stand as precedent.

Working with other Debtor attorneys (David Lewiston, Marshall Schultz and Dennis Brodsky), we appealed.  I Briefed the case and argued it before the Federal District Court in Detroit,  and the Sixth Circuit Court of Appeals in Cincinatti.
Ulitimately, the Court Reversed the Bankruptcy Court’s holding and held the debts were Dischargeable, and that a Debtor who incurred a debt with the good faith intention of repaying it could Discharge the debt in Bankruptcy.

This case remains one of the three most important cases in the Country concerning bankruptcy fraud, with Anastas in the Ninth Circuit and Mercer in the Fifth Circuit the others-and the Mercer case largerly followed the Rembert case.

In the Bankruptcy Case In re Vinson, 337 B.R. 147 (E.D.Mich. 2006), the Bankurptcy Court held the State of Michigan’s Homestead Exemption was Unconstitutional.  To give you a little background, the State of Michigan’s applicable Statute passed in 1963 allowed Debtors to keep (Exempt) up to $1,500 in Equity in Real Property when they filed for Bankruptcy.  That may have been a fair amount of money back in 1963, but by 2003 this amount was greatly out of whack with inflation, especially given the housing market at the time.  The Michigan Legislature at long last increased the amount to $34,450; and $51,650 for Senoir Citizens or those who are disabled.  Almost a year later, the Michigan Bankuptcy Court had held the Statute Unconstitutional.  It had taken the State forty years to Amend the Statute, and there seemed little doubt it would be another forty years before they got around to it again.  I was brought in as Counsel to Brief and Argue the case before the Federal District Court, which reversed the Bankruptcy Court’s holding and affirmed the Right of the State of Michigan to set its  own laws.  (I don’t mean to sound overly critical of the Bankruptcy Court’s decision, the Statute in question was written very poorly.)

Services and Fees

My prices vary depending on the case.  I pride myself for charging reasonable and competitive fees.
Hourly rates: I almost always charge a flat rate, except in Chapter 13 Cases involving Post-Confirmation work.
Initial Consultations with me are free.
My retainer varies depending on the case.

Personality and Philosophy

My Goal as an attorney has always been to help those in need, and to empower those without power to ensure the Rights granted to them in this Country. I am a huge believer that the more information my clients have, the better; but that comes with a huge caveat, to be aware that a little knowledge can be a dangerous thing.  Client are often referred to me to fix their cases after they have filed and the case is not going well.  99% of the time, the problems would have been avoided if only I could have met with the Clients beforehand.

What makes me a better lawyer?

In my first professional job out of law school I worked in St. Louis as a Public Defender, where I had gone to law school.  When I moved back home to Michigan I found there was a demand in the bankruptcy field for an attoney with my trial skills and experience.  I was brought in on a number of cases to defend Debtors accused of  acting in bad faith either prior to or in the course of their bankruptcy filing. Being introduced into Bankruptcy in this manner, I learned a lot, about the law, and about the proper and improper way to prepare a case for filing.  I learned how to do a thorough job in preparing the case and that the success of a case so often hinges on the preparation.

Why did I become a Bankruptcy Attorney?

The word “Debt” is an ugly word.  People in debt can become enslaved to it, to spend all their waking hours working solely to pay it, and in fact only end up paying the high interest and late charges accumulating against them.  People in debt are often unable to provide for themselves and for their children.  They are unable to build and prepare for their future.  They are harrassed by mail and by phone at all hours of the day and night.

Nothing gives me greater joy than to represent honest hard working people and to get them out of debt and get their lives back.  I am a Debt Relief Agency, I help people file for Bankruptcy, and I am proud of it.

Few things make  me happier than getting my clients a new lease on life, on allowing them to be free from debt and the simple pleasures that go along with it like being able to answer the phone or get their mail without fear of harrassment.

I am a solo practitioner, and I  pride myself on personally handling all aspects of my clients cases, and I enjoy an excellent attorney client relationship with the people I represent, and I am blessed with having the best collection of clints an attorney could possible hope for.

Strengths and Style

I try to live my Professional Dealings by two simpe rules:  Fight the Good Fight, but always pick your battles.  When its  needed, I will not hesitate to take any case or issue in front of the Judge, to participate in any needed evidentiary hearing or to brief any topic.  I have established my reputation in this regard with the other Professionals in my field, and as such I can usually work out most matters in ways that will benefit my clients and the other parties involved.

I also hasten to add, the level of Practice for Bankruptcy Attorneys in this District is very high, and I have earned the respect of my collegues through the years of experience and the cases I have litigated.

Personal Interests

I enjoy sports, politics, books, movies, pop culture, and above all else in life, spending time with my son.