Have you been thinking about Bankruptcy? One of the last places that people want to be is sitting across from me while we discuss options for their financial future. Many times some common misconceptions or fear about the bankruptcy process increase this anxiety, or worse, keep them from coming in to explore their legal options at all. I have compiled a list of some common reasons people resist getting a fresh start in bankruptcy.
Filing a bankruptcy will cause us embarrassment or make us feel ashamed.
We strive to keep the fact that an individual or couple has filed a bankruptcy as private as possible. While a bankruptcy filing is a matter of public record, the days of bankruptcy notices appearing in the local paper is largely a thing of the past. Most social stigmas about bankruptcy are from a time well past, when people obtained credit from a small local bank or other local institution, not a multi billion dollar global corporation. I often advise my client that the need to file a bankruptcy is a financial matter, not a moral one.
I will never get credit again if I file a bankruptcy.
I never tell clients that bankruptcy makes their credit better. However, in the vast majority of cases that I handle, bankruptcy gives my client an opportunity to start making their credit better. Bankruptcy stops creditors from continuing to report ongoing negative information and provides a platform to start rebuilding credit. My clients are often getting good rates for cars and houses two to three years after their bankruptcy.
I will lose things I want to keep if I file a bankruptcy.
My main focus in helping people with bankruptcy is asset protection. In other words, helping people hang onto things that they want to keep while helping them get out from under things that they can’t afford. It is certainly possible, in fact common, for people to keep all of their things while still receiving a discharge of a majority or all of their debts. An experienced Indiana bankruptcy attorney can help determine the best course of action to help you hang onto the stuff you want to keep through the bankruptcy process.
I am worried that I can’t afford bankruptcy.
I generally advise my clients to think about what it will cost them if they do not file a bankruptcy. Wage or bank account garnishments can make it impossible to pay rent or your mortgage. Cars can be repossessed. We work with our clients to provide affordable options and can, in some circumstances, file a bankruptcy and get people under the Bankruptcy Court’s protection for little or no attorney fees down.
If you have been thinking about Bankruptcy, please feel free to call us now at 317-759-1483 or send us an email to schedule a free consultation with an attorney to review your personal situation.
About the Attorneys
Andrew Sawin received his Bachelor of Arts degree from Indiana University in 1989 and his Doctor of Jurisprudence from Indiana University School of Law – Indianapolis in 1995. He has concentrated his practice in the field of Consumer Bankruptcy for the past 15 years.
Richard Shea graduated from California State Polytechnic University, Pomona with a Bachelor of Science degree in Hotel & Restaurant Management in 1995 and received his Doctor of Jurisprudence from Indiana University School in 1998.
