Home Overwhelmed by debt? Things you should not do Courts like debtors who "play fair"!
Courts like debtors who "play fair"! PDF Print E-mail
Written by B. Daltrey   
Saturday, 18 April 2009 17:21

Here's some things I don't want you to do.  If you've already done some of them, tell me now and let's fix the problem before it gets worse.

  • Don't transfer any assets to your children, your relatives or your friends
  • Don't hide any assets anywhere
  • Don't forget to tell me about everything you own, might own, our could own if you wanted to (but it's in someone else's name or is just an "opportunity"). 
    • Be sure to disclose everything you own (and everything in your name that belongs to someone else).  In fact, disclose anything someone might think you own!
  • Don't withhold any information.  Fill out all the forms and give truthful answers. 
    • When in doubt, give more information rather than "not enough."
    • (I can't give you good advice if I don't know all the facts ...)
  • Don't omit any creditors or people who might think they are creditors! 
    • List everyone. Don't leave off someone because you don't want them to know about your bankruptcy; or because you intend to pay them anyway.
    • If someone might sue you, or might have financial issues with you ... list them!  (We'll call it "disputed" or "contingent.")
  • Don't withhold income information.  Be truthful about your employment and income, including second jobs or work "under the table."
  • Don't suddenly pay back debts to people you want to protect (the trustee will get the money back anyway ...) 
    • And by "don't pay back" I also mean, don't give them the deed to property, don't give them your boat or car, NOTHING!
  • Don't create a trust and put all your assets in the trust.
  • Don't spend money that does not belong to you, thinking you will "pay it back" when things get better.
  • Don't get new credit cards to "roll-over" your debt.
  • Don't incur debt in someone else's name.
  • Don't give false, misleading or incomplete answers on credit applications so that you can borrow more money.

Why is this?

Congress is willing to help out "good debtors."  Even creditors will (grudgingly) go along with your discharge so long as you play fair. But, if you don't play fair, everyone wants to string you up.

Think of it this way: if someone bangs into your car with theirs, you are not very happy.  You want them to pay for the damage, but you aren't demanding they get put in jail or something.

On the other hand, if that same person saw your car, carefully took aim and intentionally did as much damage as possible -- well unless you were driving in the demolition derby, odds are you want to see that driver punished.

So, everyone wants to help you out if you have been overwhelmed with debt, lost your job, had unexpected medical bills, suffered injuries -- or whatever are the reasons you are now in difficult economic circumstances.

There is a good reason for this that is not even about you.  People who can't cope financially are not productive.  They spend most of their time trying to figure out how to survive and how to avoid being harassed by scary creditors. In these times, sometimes the stress is just to much, so they march into work with a gun ... and, well, you watch the news, so you know.

Play fair with your creditors, follow the bankruptcy code -- and you get a "fresh start."  Now you can be productive again -- and we all benefit.

The Dark Side

There is a "dark side."  Some debtors have misled their creditors.  Some debtors have taken money out of the till.  Some debtors have some assets they don't want to give up, so they hide them.  Then they lie on their bankruptcy paperwork.  If you are this debtor and I am hired by one of your creditors -- trust me.  I will be your worst nightmare!

Odds are, you won't be getting a "fresh start."  And, if you're not careful, you could find yourself prosecuted for banrkuptcy crimes.

So, let's not do any of those things.

And then there is the "Gray Area!"

Life is not always black and white, right?  You may have done some things that were a bad idea.  Maybe you got bad advice somewhere.  Maybe in the stress of your situation, you made a poor choice.  Now's the time to straighten those things out -- and not dig a bigger hole!

Trust me, there is always a solution.  Sometimes it is not precisely what you would rather do.  But almost always, it is better than what will happen if you let your creditors and the court impose their "solution."

Oh, By the Way -- I'm on Your Side!

Now, after reading all of that scary stuff, you may be thinking -- I better not go to Daltrey!  He's not going to help me because I did something on the "bad list."

Good news -- I AM going to help you.  That's my job (and I think I do it fairly well)!

Of course, I'm not going to help you play "hide the asset."  Lawyers have a pretty strict code of ethics to follow if we want to keep our licenses.

But, I'm going to help you chart a course out of troubled waters.  Remember that thing about "lawyer confidentiality" you have heard about?  Our conversation is just between you and me. 

Lawyers are in the business of helping people.  People who never make mistakes don't need lawyers nearly as badly as people who've made mistakes!  Mistakes are part of life.  If I wanted to "judge" people, then I'd become a judge! 

My job is to help -- and as you will read on these pages, I've been helping people with troubled situations for a long number of years.  So get on the phone and call me.  Together, we'll figure out your best course of action so you can get that "fresh start" Congress wants you to have.

 

Last Updated on Saturday, 18 April 2009 18:07
 

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The Daltrey Gang may not come riding to the rescue ...

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(That's me on my killer stead, "Outlaw."  Don't worry, I'll be wearing a suit when we meet in court ...)