Myths, Options and Biplanes

Myths, Options and Biplanes

March 22, 2007

I heard it again this week: the myth. The misconception, the misunderstanding or whatever you want to call it. I was talking with an acquaintance and was asked “what are all of these folks facing foreclosure going to do if they cannot file bankruptcy anymore?” I am pretty sure my face suddenly, albeit briefly, went pale.

I told her (and am reminding my readers) that bankruptcy is still available, and contrary to whatever Urban Legend prompted her query, it never went away. Certainly, there are people that know this. While writing this, I checked PACER and saw that since January 1, 2007 more than 1,000 people have sought protection under Chapter 13 in the Massachusetts Bankruptcy Court.

Yes, there were changes to the law, and yes it has proven a challenge to even seasoned bankruptcy attorneys. However, there are still those out there who may think that there is no relief. People should not be losing their homes because they think they are under the erroneous belief that they cannot seek bankruptcy protection. I am not apt to hire a biplane pulling a banner that reads “Bankruptcy Is Still Available”, but I'll leave it to readers to chime in and let me know if that tactic is not as crass as I imagine it to be (after all, the Boston Marathon is coming up). For now, I will do my little bit. I informed the acquaintance that bankruptcy is still an available option, and I am reminding my readers of that fact as well.

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