Bankruptcy

Cleopatra, the Queen of Denial

By Joseph McDaniel, Esq.

Okay, you had to be there.

But sometimes people are not emotionally ready to file bankruptcy cases, even if it would be the best thing for them from an economic point of view, and even if it's inevitable because their income has dropped to close to zero, and they have five million dollars in debt, and they have a cardboard box as their only non-clothing asset.

I learned long ago not to fight with anybody about what they wanted to do. If they don't want to file a bankruptcy, and I convince them against their will, they WILL, not may, have buyer's remorse, and then they will be difficult clients to make happy.

I'd much, much rather have many fewer and much happier clients; better for everybody all around.

Recently a compassionate former husband of a stunningly beautiful woman brought that woman to my office for a bankruptcy consultation.

My first clue that she was madder than h-e-double hockey sticks- was that she "didn't like the way I presented information" to her.

In my personal experience, when people say they don't like the way you are presenting information, what they really mean is that they don't like the information.

My second clue was that former wife was angry enough at being in a bankruptcy lawyer's office that she couldn't look at me or listen to a word or even speak very well. Her jaw muscles were clinched and her eyes were squinted. Hard!

In this case, former husband still wanted the best for his former wife.

On the other hand, the seriously beautiful lady did not want to hear that former hubby had no money at all to pay historic debts, because the (take your choice) real estate industry/the construction industry/the pet grooming industry had taken a nosedive, and the formerly great income-earner had struck out.

Because all the debt had been incurred during the marriage in Arizona, and it was all used for community purposes, both spouses were on the hook for the debt.

Former hubby knew that when he filed a bankruptcy, former wife was going to get sued and garnished and judgment-debtor-examined, and he wanted to spare her those traumas, because he still had affection for her.

Because he was a decent and responsible guy.

On the other hand, if somebody isn't ready for a bankruptcy, and I look like a scary bad guy because I'm a bankruptcy lawyer and they REALLY don't want to file a bankruptcy, I never, ever, ever push them to file.

I don't have to.

The creditor lawyers all do that for me.

NOTHING HERE CONSTITUTES LEGAL ADVICE RE A CHAPTER 7, CHAPTER 13, CHAPTER 11, OR CHAPTER 12. FIND AN ARIZONA BANKRUPTCY LAWYER WHO IS BOARD CERTIFIED IN BANKRUPTCY LAW, AV RATED, AVVO 10 RATED, ON SUPERLAWYERS, OR JUST VERY EXPERIENCED AND A FORMER CHAIR OF SOME BANKRUPTCY SECTION OR COMMITTEE. NOTHING HERE MAY BE USED AS LEGAL ADVICE IN CONNECTION WITH ANY BANKRUPTCY, WHETHER THAT BANKRUPTCY IS IN PHOENIX, GLENDALE, TEMPE, MESA, SCOTTSDALE, OR ANYWHERE ELSE.

Full post as published by Arizona Bankruptcy Attorney Blog on August 23, 2009 (boomark / email).