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SmallLaw: Review: Best Case Bankruptcy V. 18

By Mazyar Hedayat | Monday, September 28, 2009

SmallLaw 09-21-09 450


Originally published on September 21, 2009 in our free SmallLaw newsletter.

In 1993 Best Case Bankruptcy represented the vanguard of practice automation. Best Case promised users would make fewer mistakes, save time, and prepare complex bankruptcy documents without having to become "specialists." Then Best Case upped the ante and introduced a knockout punch — as courts across the nation began mandating electronic practice in about 2003, the company rolled out its "one-touch electronic filing" feature. For a time Best Case had the e-filing field to itself. Good times.

Meeting (But Not Exceeding) Market Expectations

To give credit where credit is due, Best Case Bankruptcy enabled a generation of software-savvy lawyers and their staffs to serve more clients than ever, and to do so without breaking the bank. That made Best Case a pioneer and the sales leader. With a huge installed-base, the company enjoyed Microsoft-like market dominance among bankruptcy practitioners even as competitors mimicked everything from its menus, prompts, calculators, and user-interface to its once-exclusive e-filing features.

But that was then. Over the past 5-6 years, the competition has become more adept at keeping up with the leader, many even exceeding the Best Case Bankruptcy feature set. Several offer bankruptcy preparation products that have fewer features, but at a lower price, hoping users upgrade to a more robust version of that product later.

Interestingly, Best Case does not appear to see other products as a threat. Take for example the fact that Best Case charges more than others for licenses and annual "support" (according to my unscientific survey). Best Case maintains that its product is more feature-laden (including I suppose features that not every user needs). And there's no disputing that it remains the market leader.

However, thanks to the Great Recession, small firms considering bankruptcy preparation software may wonder why they should pay more than they would for a competitive product to do virtually the same thing. At the end of the day, we're all working with the same bankruptcy courts right? So what makes Best Case Solutions the "best"?

With these questions in mind I took a close look at Best Case Bankruptcy V. 18.

New and Improved? Yes and No

By way of full disclosure, I've been using a bankruptcy automation solution other than Best Case Bankruptcy for about five years. But after many, many solicitations in the mail, by phone, by email, and at various seminars and events, I decided to try the market leader.

I used Best Case Bankruptcy to prepare and "file" a demo case. The product worked well, but as a practitioner who has enjoyed the benefits of automation since 2003, I was not all that impressed either. It's not that Best Case doesn't live up to its claims. It boasts a fairly intuitive menu-driven interface, an online intake interview that prospects fill out before they even step into your office, and the crucial ability to import and cross-check user-inputs against third-party information such as credit reports and credit counseling certification, among others.

So if you'd never used a piece of bankruptcy automation software I believe you would jump at the chance to fork over the roughly $1,050 for the Chapter 7 & 13 package, and an additional $700 or so in annual support fees. No doubt the product would pay for itself within a few uses. (The Chapter 7 package costs $850, and the Chapters 7, 11, and 13 package costs $1,250.)

But I wasn't a newbie and what I saw and experienced did not represent a quantum leap. Instead I saw a Buick being spruced up for the new buying season with whitewalls and a pair of tasty tail-fins. So while Best Case improved on its last version by enhancing compatibility with the latest browsers (IE 8), word-processing software (WordPerfect X4), and Federal Case-Management and Electronic Case Filing (CM/ECF) systems, as well as by updating the ability of the software to handle some of the more exotic forms such as the Chapter 11 Plan of Reorganization or Disclosure Statement in a "Small Business" case, the backbone of the software remains largely untouched. Even the interface says "1998."

My Best Advice

If your practice is national (or at least covers multiple states) and consists of both consumer (Chapters 7 and 13) and business bankruptcy (Chapter 11), Best Case Bankruptcy is the way to go. But other small law firms should look for slimmer, less pricey solutions.

Oh, and one last thing — would someone please develop a Clio-like Web-based bankruptcy solution priced on a monthly subscription basis. The day I find that solution my checkbook will open up faster than you can say best case scenario.

Written by Mazyar M. Hedayat of M. Hedayat & Associates, P.C.

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