I believe that this may be the toughest Thanksgiving since the Great Depression. With so many people out of work, homeless and seeking assistance for the first time from shelters and food banks it has hard to be thankful. Normally I write about things in a very straight forward and no nonsense manner. However for this week I am attempting to provide a wee bit of humorous thoughts for contemplation.
Sometimes I am so tunnel visioned about a situation that I cannot think straight. It will take something totally far fetched to break that thought pattern so I can begin a new evaluation. So here are my things to be thankful for this week in relation to debt with an Irish twist. I described in an earlier article that the word bankruptcy is derived from two Latin words meaning broken table. If you owed a debt in the 1700 or 1800’s the creditor was allowed to break your table and prevent you from working until your debt is paid. So too was the case in Ireland in the 1700’s where the Gaelic law read “If your neighbor does not repay the debt he owes you, you may prevent him from going about his daily business. A withe-tie (for all to see) goes on the blacksmith’s anvil, the carpenter’s axe or the tree-feller’s hatchet. He is on his honour to do no work until he has righted the wrong.” The prevention of work which in turn prevents income coming in to pay the debt makes about as much sense, as when President Bush allowed the credit card companies to increase the minimum payment to pay a debt you could not already pay. I am still trying to figure out what President Bush was thinking on that situation. But on the positive side we can be thankful that in America today the creditor cannot prevent you from working.
Another Irish debt collection law is “If the poet or the physician is in debt, immobilize his horse-whip, for both ride their circuits on the backs of horses.” I am thinking right off hand that penalty is not as severe as the one above unless of course they were riding bare back (meaning without a saddle or reign) and you could only steer with the whip. Again on the upside, the ride might serve as inspiration for more poetry. How about this one? ” The creditor who holds our brooch, your necklet or your earnings as a pledge against your loan must return them so you may wear them at the great assembly. Or he will be fined for your humiliation.” Can you imagine what the pawn shop would say when you asked to wear your pawned jewelry to an important event? All the pawn brokers I know would escort you to the door laughing.
In the 1800’s debtor’s prisons were eliminated in the United States except for taxes and back support. Even with back child support and taxes generally the offense has to be so egregious before one is thrown into prison today. I am not sure if that is out of the kindness of the IRS or due simply because our prisons have reached capacity. So the creditors cannot throw you in jail for general debt and they cannot prevent you from working. Two things to be thankful for.
We are on our way out of the recession and as one of my clients says; everyday on this side of the dirt is something to thankful for. So thanks is given that there is no prison, you can continue to work and you are breathing on this side of dirt. We are up to three things to be thankful for. My hope with this blog is not to make light of anyone’s current financial situation but rather provide a chuckle or two. Vary rarely do I or my colleagues ever run into a situation where we cannot help someone. You may not like the answer we have or the help we offer but there is generally hope in one form or fashion.
Truly, my prayer for you this week is that maybe I have offered an idea or two if you are needing assistance in finding something to be thankful about. I feel assured that if you can find one thing you will be able to find another. Maybe these thoughts will allow you to break that tunnel vision of despair and gain a new perspective.
I thank God for calling me to attempt enforcing his covenant of Deuteronomy 15:1-2 where the forgiveness of debt is every seven years. I say attempt because President Bush made that enforcement more challenging. In 2005 he signed into law changing the forgiveness of debts from every seven (7) years to every eight (8) years for a Chapter 7, but I will let he and God discuss that on the other side. Right about now some of you are thankful that I am bankruptcy attorney instead of a comedian but at least you have something else to be thankful for. I think that brings the count of thanks to four.
Remember that knowledge is power and the more knowledge you have about gaining a new perspective on your life the more power you will have to see your glass as half full instead of half empty.
Finally, I am honored that for the past two years you have allowed me the privilege to spend a minute or two sharing my thoughts about bankruptcy. Thank you for giving me something to be thankful for.
Written by Kansas City Missouri Bankruptcy Attorney, Rachel Lynn Foley.
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