Bankruptcy: Is Your Pride Holding You Back From Getting Help?

by Wendell Sherk, Missouri Bankruptcy Attorney

Bankruptcy is a terribly hard thing for most people to consider.  So is surgery.  Oddly many people are more likely to go ahead with a necessary surgery — an invasion of their body — than they are to go see a bankruptcy lawyer.

The irony is that the bankruptcy option may be easier, and certainly less physically painful, than surgery.  And sometimes you might recovery from it faster.

  • The first misconception to overcome:  Bankruptcy is about failure.   Bankruptcy for people is about renewal, not failure.    Business ventures fail and are liquidated in bankruptcy.   But people go into it for a fresh start.  They may have fallen upon difficult times and have been unable to pay debts back.  That’s the cause but the point of the process is to get you back on your feet.
  • The second misconception:  Bankruptcy is a punishment.  Even though they’ve done nothing wrong, folks expect that their creditors, the trustee, and the judge will line up to torture them like they just joined a college fraternity.  In reality, it’s more like a loan closing where everyone is verifying the information you provide so that they can get you on your way to your fresh start.  It’s a team effort — if you do your part, the system will do its part to get you through safe and sound.
  • The third misconception:  You’re the only one.  Let’s do some basic math.  In almost every year going back about 20 years, more than a million cases were filed.   A fair number of those were joint (husband & wife) cases.  Some households will have had to file multiple times but think about it…You already know people who filed bankruptcy.  They’re not bragging about it — no one brags about knowing me professionally! — but they’re doing just fine.

Today, right now, thousands — possibly millions — of folks just like you are doing something foolish to avoid calling someone just like me, a bankruptcy lawyer.  They might be about to cash out their 401(k) or IRA account — even though I can save it for you.  They might be hiring a debt settlement company to negotiate ridiculously unlikely deals with creditors who will sue before the end-game is played.  They might even be going back to our friend from the last decade — the cash-out mortgage, using their home like a piggy-bank.  (Notice all those foreclosed homes around lately?)

And today, right now, millions of Americans believe that they are doing just fine financially, mostly because they’re keeping up on the minimum payment on all their debt.  For the moment.  Even though they aren’t saving for their children’s college fund, their own retirement, or even their next car purchase.

It takes courage to talk to a surgeon if you have a health problem.  But deep down you know it really is not going to get better, right?  If your debts are now keeping you from important things — like your kids’ education, replacing your car, or being able to retire — or even critical things — like your health care — then why haven’t you already called a bankruptcy lawyer?  And if your answer is that you’re afraid or you’re too proud to “ever do that” then think again.   Fear and pride are hard to eat sometimes.  It might just be time to find out what you don’t know.

Would Joel Tennenbaum’s Napster Fine be Dischargeable in Bankruptcy?

by Nicholas Ortiz, Boston Bankruptcy Attorney

Yesterday, May 22, 2012, the Supreme Court declined to hear the appeal of the large damage award levied against Boston University student Joel Tennenbaum for downloading and sharing 30 songs on Napster. Wikipedia’s summary of the case can be read here.

First of all, this post is in the nature of a thought experiment; it is not legal advice for Mr. Tennenbaum nor anyone else. However, as a bankruptcy lawyer, the problem piqued my interest. The damage award against Mr. Tennenbaum for copyright infringement totaled $675,000 and, at the time, Mr. Tennenbaum was only an undergraduate student doing what tens of thousands of other college students had been doing at the time–using illegal file-sharing services to download and distribute music. As the jury found in Mr. Tennenbaum’s case, these actions, despite their rampant popularity, violated federal copyright laws and, among other things, vested the music-industry plaintiff with the right to recover sizable statutory damages. Statutory damages under copyright laws are, for each act of infringement, $750 to $30,000 for non-willful infringements, and a range of $750 to $150,000 for willful infringements. In Mr. Tennenbaum’s case, the jury was convinced to award damages of $22,500 for each infringement, for a total of $675,000.

While Mr. Tennenbaum received a doctorate in statistical physics last week, he quite-understandably claims not to have the free cash to pay the judgment. So, could he file bankruptcy and discharge the judgment?

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50 Ways To Surrender Your Property In Bankruptcy

by Eugene S. Melchionne, Connecticut Bankruptcy Lawyer
Thumbnail image for 50 Ways To Surrender Your Property In Bankruptcy

With apologies to Paul Simon:      You Just slip out the back, Jack      Make a new plan, Stan      You don’t need to be coy, Roy      Just get yourself free      Hop on the bus, Gus      You don’t need to discuss much      Just drop [...]

Don’t File Bankruptcy!

by Douglas Jacobs, California Bankruptcy Attorney

That’s the cry of the “debt settlement” industry.  They claim that they will help you rid yourself of debt without bankruptcy. If you avoid the out-right crooked companies, can they do it?  Sure… But at what cost? There are two types of these companies. One, simply takes a portion of your monthly income, negotiates with [...]

Four Rules For Finding Bankruptcy Truths

by Cathy Moran, California Bankruptcy Lawyer

Remember, when you were a child, you assumed that anything written in a book was true. And then, as you got older, you realized that there were books in print  that said utterly opposite things.  Both couldn’t be true, yet there they were, in print. And then came the internet, and anyone with a computer [...]

Surrendering Your Home In Bankruptcy Doesn’t Mean It’s Not Yours

by Jay Fleischman, New York Bankruptcy Lawyer

You walk into bankruptcy to get rid of your mortgage. You walk out still owning real estate. How’s that happen? It’s almost a joke – when does surrender not mean surrender? It’s not a funny joke, but one nonetheless. Here’s the tip: when you surrender property in Chapter 7 bankruptcy, you’re doing nothing more than [...]