Will You Put Anyone In a Bankruptcy?

 

Will You Put Anyone in a Bankruptcy?

 

No.  Contrary to how some attorneys practice, I will not put just anyone in a bankruptcy, and I am judicious about who I accept as clients.  When I am considering whether to help a client file for bankruptcy, I consider the following factors:

• Whether the debtor is financially stable if the debt is removed.  To put this another way, if the debtor doesn’t have the bills hanging around his or her neck, can he or she afford the cost of living.  My rationale is that if the debtor cannot afford the cost of living, I am not using the protection of bankruptcy to the fullest extent.  I want to time the bankruptcy so I maximize the amount of debt owed, and I want to really be able to give the debtor a fresh start.  In addition, if the debtor is still living on credit at the time of filing and afterwards, then the debtor could be cited for bankruptcy fraud (incurring debt while planning to file for bankruptcy), and the debtor will be barred from filing for bankruptcy for the next seven years. 
• Whether the debtor has an income that fluctuates wildly.
• Whether the debtor is serious enough to go through with the bankruptcy proceedings to the point of reaching a discharge.
• Whether the debtor has stopped living off of credit.
• Whether the debtor is truthful about his or her assets to me.
• The amount of debt owed to the amount of creditors versus the debtor’s income.
• The amount of debt that is non-dischargeable (such as tax debt, student loans, and domestic support obligations).

When considering to hire an attorney to help you file for bankruptcy, it’s a good idea to make sure the attorney is looking out for your best interest.  I invite you to come into the Gordon Law Group and meet with me to discuss your debt-relief options.