The Consumer Bankruptcy Attorney

10
January

There are many tools in the financial recovery toolbox. In order to repair a person’s broken financial situation, a skilled repairman must know which tools are available and how to choose amongst them to obtain the best result for a particular person’s situation. In certain situations, for example where a person’s income was interrupted due to a layoff or illness, resulting in a “past due purgatory”, the financial repairman might just reach into the toolbox and use creative budgeting to try stifle miffed creditors. Somewhere in the middle, beyond the “past due purgatory” but before the creditors become a “litigious lynch mob” there is an intermediate stage, the “tough talking tinnitis” stage, where the never-ending phone calls loaded with threatening predictions of doom and gloom leave a person with ringing in the ears. At that stage, the best tool might be credit counseling or creditor prioritizing to make sure the “squeakiest wheels get the grease” until the other wheels begin to squeak.

Once, however, the creditors form the “litigious lynch mob,” talk therapy with creditors becomes futile. When indebtedness leaves the collection carousel, creditors let loose the wolves and the lawsuits begin. At the point creditors realize that traditional collection efforts have not gotten the desired result, they pull out the big guns. Ducking phone calls and collection letters is one thing, but once process servers begin arriving at the door with summonses and complaints, its time to circle the wagons. In most cases, the only tool in the box capable of thwarting the “litigious lynch mob” is the Consumer Bankruptcy Attorney.

A Consumer Bankruptcy Attorney is a cross between a “white knight” and a “father confessor.” When you meet with a consumer bankruptcy attorney, the first, and most important thing to do is to lay it all out for the attorney. Pull no punches. Don’t worry, he or she has heard it all before and is not there to pass judgment. Bring your bills and collection notices, your pay stubs, your tax returns and most importantly, your honesty. A consumer bankruptcy attorney also has a toolbox and needs to know where you are and where you would like to go, to provide you with the best advice to get you down that pathway. As your white knight, your attorney can shield you from the slings and arrows of the “litigious lynch mob” by using the power of the United States Bankruptcy Court system to stop them in their tracks and send them off with their tails between their legs. As your “father confessor” he or she needs to know how you got to where you are, what things you must keep (like your home or your car) and what things you might be willing to give up in order to end the struggle and breathe freely under the “discharge umbrella.”

After assessing your situation, your Consumer Bankruptcy Attorney will explain how the bankruptcy process works, how the various bankruptcy proceedings may be used to get you the desired result, what will be expected of you and what you should expect. Your attorney will explain how the various chapters of the bankruptcy code work and why one or the other would be the better choice for someone in your situation. Most importantly, you and your attorney will discuss the costs to you both in terms of legal fees and creditworthiness in the future. Do not be afraid to ask questions. The attorney works for you and quite often, more information is revealed through your questions than by your answers.

Upon speaking with your Consumer Bankruptcy Attorney, you should have a fairly good idea as to whether bankruptcy is right for you, what to expect and how you will be proceeding. Many folks feel that the weight of the world has been removed from their shoulders, just by having spoken with the attorney and learning that there is a solution to what was previously thought to be a never-ending problem – a light at the end of the tunnel.

This post was written by

jason – who has written posts on Budget Clowns.
Father of three and married to a lovely women. Always looking for ways to save money, and invest it properly for my children's future.

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