Archive for the ‘Avoiding Bankruptcy’ Category

Should Bankruptcy Be Prescribed For “Financial Pain Management?”

Saturday, September 12th, 2009

As a long time sufferer of back and neck pain, I can tell you first hand about the debilitating effects of chronic lower back pain and muscle spasms.

Fortunately for me, my pain symptoms are usually related to stress and lack of exercise (good muscle development and flexibility through exercise or yoga really helps decrease these symptoms), not because of injury or a degenerative disc or spine disease. In that sense I’m very lucky.

But the pain is no less real.

Last summer, I woke up in the middle of the night in so much pain that I had to drive to the emergency room. And after a 2 hour wait (it was 2 a.m.), several ice packs and 9 cc of morphine later I was promptly put out of my misery.

Actually, I felt pretty good with all that morphine pumping through my system – so good in fact, I wanted to drive home and get some much needed sleep. FYI: 9 cc’s of morphine is equal to 9 shots of tequila (or so I’ve been told).

But once I made my reckless intentions known to the hospital staff, a security guard was assigned to me and kind enough to re-direct my attention to CNN playing on the hospital waiting room TV and share some quality time with me (he was actually holding me hostage until someone could drive me home – I felt so good – no more pain and a lot of morphine – I didn’t mind). He twice had to stop me from leaving the waiting room.

Yep, I was under the influence, glad he was there to say “just say NO Mr. Rowe.” Of course, I was thinking clearly and quickly agreed with him.

Finally, my ride showed up, drove me home and I slept for the next 12 hours. No more pain, but only short term fix.

After my late night ER visit, I scheduled an appointment with my chiropractor who explained that the muscles in my back had tightened up and began to spasm at a much greater intensity than I ever experienced before. Hence the need for the emergency room visit and pain killers. But, I know from experience the pain will return if I allow stress to build up.

In retrospect, I can look back and pinpoint the huge amount of stress that I was putting myself under at the time that triggered the event.

My usual back pain treatment is a chiropractic adjustment and massage. Usually, one or two visits are all that it takes to get me feeling good again. Once again, I feel very lucky that more is NOT required. 

Recently, I have had two clients recount their stories of back and neck pain, and each of them pinpointed their pain to the stress that they were under – financial stress.

In fact one client told me his pain started and increased in intensity as he began “negotiating” with his mortgage company in an attempt to modify his loan. He was losing sleep and he was experiencing a low level/low grade back and neck pain.

In another situation, it was the constant harassing phone calls from our friendly domestic terrorist organizations – the collection agencies, that caused another bankruptcy client to finally contact me in disgust over her situation, including the out of control collection agencies. She previously had a high credit score, but recently encountered a triggering event (loss of income) and was tormented (and guilt ridden) about not being able to pay her bills.

She called, cajoled and attempted to negotiate with her creditors, but they were unrelenting – they wanted their money now. One creditor suggested she miss a couple of mortgage payments to pay their bill off – this was suggested in a friendly manner and my client considered it for a time, but saw through the scam – pay off a high interest credit card (yes, she did owe the money, and she wanted to pay), but the “helpful” suggestion would have led to the default on her mortgage, and possibly the loss of her house.

So what is the diagnosis: eliminate the financial stress, you eliminate the pain caused by that stress.

Financial stress can only be solved by increasing income (paying off debt and current obligations) or decreasing or eliminating debt (spending less, debt negotition or bankruptcy).

If the first option is not available to you, and in my consultations we look at all options before we consider filing Chapter 7 bankruptcy. In a Chapter 7 bankruptcy most credit card debt, medical bills and unsecured debt is eliminated immediately.

If we file Chapter 13 bankruptcy,  we first examine your finances to ensure you have enough income to pay for living expenses and repay the court ordered amount to your creditors.

Ignoring the symptoms and the underlying problem only leads to more stress and pain. If your sick of the pain (physical or emotional)  or can’t think straight enough to figure a way out on your own, financial pain management is the place to start.

Disclaimer

Fresno-Bankruptcy-Lawfirm.com is owned by the Law Offices of Jeffery D. Rowe. We are a debt relief agency. We help people file for bankruptcy relief under the Federal Bankruptcy Code (Title 11 of the United States Code). If you would like to discuss your situation in further detail, please call our Fresno offices at: (559) 228-1500 or our Merced office at: (209) 722-3700 to schedule a consultation.

Life after Bankruptcy: Three Reasons Why Getting Credit Cards after Filing Chapter 7 Bankruptcy Is a Bad Idea

Thursday, September 10th, 2009

 As a bankruptcy lawyer, one of the more common questions I encounter in my initial consultations with clients is: How long will a Chapter 7 bankruptcy affect my credit?

This question often puzzles me because so many prospective bankruptcy clients are financially and emotionally exhausted from the debt treadmill and are sick and tired of not being able to get out of debt.

They come to me to seek advice on how to address their personal financial distress or disasters, but this question leads me to think otherwise. It’s the classic pain vs. pleasure dilemma.

Their very presence in my office is a testament that they have reached the end of their financial, emotional, family and spiritual resources. They need help and guidance – yesterday.

Some clients I help through basic financial counseling: increasing income, selling off assets and decreasing spending, and others, bankruptcy is the only option.

So acquiring new credit cards following financial disaster or bankruptcy and therefore getting back into debt is both puzzling and troubling.

I have now taken the approach to dig deeper before I answer that question.

Instead of providing my stock answer that a Chapter 7 bankruptcy will remain on your credit report for 10 years and that the effect upon your ability to get credit in the future is really a function of having existing credit, making current payments (post bankruptcy) and your ability to make timely payments with future creditors.

Now, I ask why do you want to go back into debt?

Some of the answers are obvious: (1) want to buy a house in the future or (2) need to purchase a vehicle in the future: therefore, I need credit to get credit. Buying a house or car in the future are legitimate concerns for anyone contemplating bankruptcy, but going into debt is not always the answer to rebuilding credit or being able to buy a house or car.

Although the post bankruptcy use of credit cards can be useful in rebuilding credit, most people should shy away or completely swear off the use of credit cards. Here are three major reasons that you should not acquire credit cards following bankruptcy.

             1.           Stay Out of Debt . . . . Permanently

So many of the people I speak with are sick in tired of never being able to get ahead financially. They feel they are on a never ending tread mill of minimum monthly payments and living paycheck to paycheck. I counsel my clients to think long term when approaching bankruptcy. If after I’ve met with a client and bankruptcy appears to be an option for them, they should ask themselves whether or not they want to continue this lifestyle or adopt a radical change – living within their means, savings for emergencies, maxing out retirement savings, investing for the future and simply living life without the stress and anxiety that a debt diet brings. There is no reason to go back to the old ways – especially if bankruptcy has wiped away tens of thousands of dollars worth of credit card debt.  

     2.           The Gateway Drug to living beyond your means

This seems obvious, but given the chance or more importantly, if an emergency arises do you use the credit card to pay for that “emergency.” Statistics indicate that most people will opt for using the card and insisting that they then plan to pay the card off (in full) next month (or soon as possible), but I’ve seen both in my Merced and Fresno Bankruptcy offices this just is not the case.

Take for example, my clients who will proudly tell me that 4 or 5 years ago they paid all their credit cards off with a home equity line of credit (ball and chain), but now years later they own both the line of credit (secured by their house) and new credit card debt.

 

          3.    Back to the Treadmill: A Diet of Credit Lead Bloated Credit Balances

This is similar to Reason #1, but with a difference (or maybe not). We can all imagine a never ending treadmill that we can never get off – the debt treadmill, so why get back on? More importantly, why tempt yourselves with a new card: “just for emergencies.” A better strategy is to establish an emergency bank account with real money to handle those emergencies.

My advice is to stay away from credit cards for filing for Chapter 7 bankruptcy. In Chapter 13 (until you complete the plan) you are prohibited for incurring new debt.

Disclaimer

Fresno-Bankruptcy-Lawfirm.com is owned by the Law Offices of Jeffery D. Rowe. We are a debt relief agency. We help people file for bankruptcy relief under the Federal Bankruptcy Code (Title 11 of the United States Code). If you would like to discuss your situation in further detail, please call our offices at: (559) 228-1500 to schedule a consultation.