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Are you too embarrassed to file bankruptcy?

by David Leibowitz, Illinois and Wisconsin Bankruptcy Attorney · Posted in *Filing for Bankruptcy, Bankruptcy Myths

Our good clients often tell us that they are embarrassed by the thought of filing for bankruptcy. I tell them that they don’t have to be.

First of all, people fear that their names are going to be published in the newspaper. Now that might happen in small towns. But nothing’s secret in a small town anyway. In larger communities, you won’t see a publication.

Then, they fear that bankruptcy will create a stigma. Well, there’s no reason for that. Bankruptcy affects all social and economic strata. It happens to people of all races, nationalities and ages. You won’t be walking around with a scarlet B emblazoned on your forehead.

Today, a client came to see me. She’s a school-teacher. She purchased her dream house. Unknown to her, it was built on bad soil. The builder knew. The builder built it anyway – on a sink-hole. The foundation is collapsing. The house has lost 2/3 of its value. She’s stuck on the mortgage too. The court ordered the builder to fix it. Do you know what happened? The builder filed bankruptcy – a chapter 11 in Wilmington, Delaware. The builder’s banks seized all its accounts and assets. The banks may turn out all right. But our poor school-teacher homeowner will be out close to a quarter million dollars.

Do you think that the builder is embarrassed?  Heck no!! For them, bankruptcy is a financial strategy to follow to protect itself from banks about to foreclose on them.

Creditors have rights. Debtors have remedies. Bankruptcy is a very strong remedy for you, the consumer, if the banks or other creditors are kicking you around. Fear not. And send your embarrassment to the winds.

About David Leibowitz, Illinois and Wisconsin Bankruptcy Attorney

David Leibowitz holds a B. A. in Economics from Northwestern University and received his J.D., cum laude, from Loyola University of Chicago School of Law where he also served as Note Editor of the law review. Admitted to the Illinois and Wisconsin bars, he is the managing member of Lakelaw, an interstate law firm with offices in Chicago, Skokie and Waukegan in Illinois and Kenosha, Wisconsin. He is nationally recognized for his work in identifying and pursuing mortgage related claims in the context of bankruptcy. David is a member of both the Illinois and Wisconsin bars and has practiced in bankruptcy courts throughout the country. He is a member of the American Bankruptcy Institute where he is the Co-Chair of the Commercial Fraud Committee. He is ta frequent contributor to the ABI Journal and speaker at ABI events. He is an author and editor in chief of the American Bankruptcy Institute Fraud Manual published in 2010. He is also a member and Director of the National Association of Bankruptcy Trustees, a member and frequent speaker for the National Association of Consumer Bankruptcy Attorneys and numerous state and local bar associations. He is Board Certified by the American Board of Certification in both Consumer Bankruptcy Law and Business Bankruptcy Law. David is also the publisher of Lakeblawg, www.lakelaw.com/lakeblawg, a blog dedicated to consumer and small business bankruptcy and mortgage foreclosure defense.

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