Getting a Fresh Start for the New Year
You’ve fallen behind with your creditors or realize that you will fall behind soon. You’re anxious, trying to avoid thinking about it, angry that life is so tough, trying to build up the courage to face up to the realities. You wonder whether you really have any decent options, how to figure out the best one and make it happen.
 In these blogs I get into all kinds of twists and turns about how bankruptcy works. That’s because life comes with complications, and the law has evolved to address them. But now at the start of the new year, let’s get down to basics.
You’re financially in over your head. You don’t know what to do, or where to get help. To get started, you need 1) some general information and then 2) some personal advice.
1) General Information:
Different people get information differently about something important like what do about their finances. Some are more comfortable scouring through the internet. There is a wealth of information here, at all levels of sophistication. Some prefer to go to the library, or get a how-to manual or book through a bookstore or sources like Amazon.com. Some like to talk things over with trusted friends or relatives. Common sense says you have to be very cautious about all sources of information, always considering the reliability and accuracy of the source. And always remember that general rules, even if they are true, can have exceptions or may not apply to your situation for some reason. At this point you are just trying to get broadly informed about your options, and their possible advantages and disadvantages. You’re holding back on making any final judgments about which option is best because you know that the information you’re gathering is incomplete and may or may not match your own unique situation.
People are different about how much information they want to pull together before starting to act on it. Some like to do a bunch of research before going to see an attorney, others are more comfortable skipping that and just going straight to the attorney. As you can guess, I meet with people from one extreme to the other, and everything in between. So just do what feels right to you, because I realize that people differ in the way they gather information.
2) Personal Advice:
Bankruptcy that is not something that is openly discussed among friends and relatives and there are a lot of misconceptions. People considering bankruptcy can be reluctant to talk with an attorney for lots of reasons. Based on my extensive experience, here are some that I have heard:
- “If I see an attorney, he or she will make me file a bankruptcy”: It is true that an attorney is legally and ethically obligated to represent you, and to lay out your options honestly, in an understandable way so that you can make an informed choice. An attorney cannot make you do anything, certainly not to file bankruptcy. I will tell you if you do not qualify for any particular option. And I’ll advise you why I think certain options look more advantageous than others, and may well make a strong recommendation towards a certain option. But the choice is ultimately yours alone. I never try to convince a client but to guide a client to the best solution.
-  “I’m not really ready to see an attorney yet”:  There is virtually no downside to getting advice early in the process but there are many ways to hurt yourself by getting it too late.  It is extremely common for people to come in to see me after they have already acted (or failed to act) in ways that were against their best interest. If on the other hand they see me earlier than necessary, they still get good advice on what they should do in the meantime and they start a relationship with me in case they want to or need to work with me later.
- “I don’t think I can afford an attorney, and I don’t even know if I need one”: My job is to give you unbiased, straight talk about your options, including what you can do on your own, how much my services would cost if you decide to hire me, and how that could be paid. There may be ways that you can afford my fees that you did not expect. At Bankruptcy Counselors we always give a free consultation so that you can explore your options at no cost whatsoever and you will be thoroughly advised in the process, the attorneys fees and the costs involved.
If you would like to further explore your options and get a fresh start for 2012, just give me a call.
Roseanne N. Lynch An Illinois Bankruptcy Attorney
Bankruptcy Counselors have offices in Cook, DuPage,Will and Kane Counties
Tags: assets, attorney, bankruptcy, bankruptcy lawyer, bankruptcy options, Chapter 13, Chapter 7, Illinois Bankruptcy Attorney, nonbankruptcy options