Bankruptcy work for a Debtor’s counsel is a sad affair. Handling financial tragedy in the bankruptcy process seems emotionally manageable between colleagues. However, it is a difficult conversation to explain to clients how to come to grips with the economic reality of everyday living. Some debtors have a hard time understanding that they are spending more money than they make. Likewise, some debtors who try to run a business, and start losing money each year, need to be told to give up the business and get a real job. I know that sounds harsh, but it is an economic reality. If you start using your credit cards to fund your business, it's time to get out, not to double down. This is where I put my “mom hat” on and deliver the tough love talk.
As a bankruptcy lawyer for debtors, I often witness the pain and struggle of people who face financial hardship. Chapter 13 bankruptcy is an effective tool for someone to use to get back on track after a bump in the road. For example, However, many of these clients have had more than one hardship to overcome such as an illness that might prevent my clients from continuing to work. My old law partner used to say: “If you want to lose your job, get cancer, have your spouse leave you, or have your dog die, just file chapter 13.” Our clients who have multiple “bumps in the road” have often had a lifetime of bumpy roads. Bankruptcy debtors’ counsel should not expect that having a great tool like Chapter 13, will fill the potholes or pave the road ahead for everyone. For these folks, there seem to be more bumps ahead that will cause their bankruptcy to be dismissed for failure to make plan payments.
In those cases, chapter 13 bankruptcy can be a useful option to pay their creditors and keep their assets. But other times, they have been dealing with multiple challenges and crises for a long time, and chapter 13 may not be enough to solve their problems. I wish I could offer them a magic solution, but the reality is that bankruptcy is not a cure-all. It can only do so much to protect them from the harsh consequences of living in a system that is often unfair and unforgiving. I try to be honest and compassionate with my clients, but it is hard to explain to them that bankruptcy is not a guarantee of a smooth road ahead.
Unfortunately, there are individuals that qualify for Chapter 7, but need Chapter 13 to be able to retain assets that otherwise might be sold by the trustee in a Chapter 7 case. And unfortunate Debtors who need Chapter 13 to reorganize paying their debts may not have enough income to be able to make chapter 13 plan payments. This is being between a rock and a hard place, when neither option will be available to the debtor.
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