One of the best things about summer is the local produce you’re likely to find not just in the supermarket, but on road side stands. While I admit I’m a bit biased, when I was a kid, there was no better place to get tomatoes and sweet corn than the small farms on Aquidneck Island. That’s probably going to tick-off the good folks in Little Compton, but hey, I know what I know. I am sure that I can find a place online that would ship them to me, but it’s not the same as pulling over to the side of the road, smelling the air, and reaching into your pocket for a few bills to get some good stuff. Law firms advertise online, as do credit counselors and so-called debt settlement and consolidation firms…and there are hundreds if not thousands of companies and firms offering assistance to people struggling with debt. Is it a good idea for Massachusetts consumers stay “local” when they are looking for resources to help them deal with their debt? This very question came up today when I was talking with a prospective client.
For a variety of reasons, the family is in a lot of debt and exploring options. There’s bankruptcy (and I can help them with that), and there’s credit counseling (which I can offer a recommendation). There’s also debt consolidation and debt settlement, but ironically, there do not seem to be too many local companies that offer such services. Perhaps it is because those services are usually little more than a scam. Perhaps it’ because it’s been tried
The clients were considering the “Consumer Law Group, PA” located in Florida. I like Florida – I have not been there in years – but it’s a pleasant place to be. And while I like oranges, I don’t feel the need to go to Florida to get them.
Fortunately, the client did some research on this outfit on their own. They learned that the “Consumer Law Group, PA” had only been around since November 2007. They found websites where people had some very unfavorable things to say. More than one person, actually. They also learned that in less than two years period, they earned an exceptionally low BBB rating. That was their wake up call. It dawned on them: “why are we not dealing with a local business who can help us?”
While this is arguably yet another reason to stay clear from any outfit claiming to offer debt consolidation or debt settlement services (which again, are a scam), I think it is also important to consider going with someone local. It doesn’t matter if it is an attorney, a credit counselor or a lender who may be trying to help you refinance…. why go with an out of state outfit state? After all, we are talking about your money, your life, your family and your future.
For those reasons, it’s important to get good help from someone who knows what they are doing. And frankly, if these issues are important enough for you and your family, then you should be able to look that professional square in the eye. That’s hard to do when they are a few states away.
I’m pleased to announce the soon-to-be published consumer bankruptcy manual: Chapter 13 in 13 Chapters. The manual is available exclusively through the American Bankruptcy Institute. Pre-publication orders are being accepted now.
A Thought or Two on ‘Deadbeats’
Recently, I attended a seminar that covered a variety of topics related to bankruptcy law. During one of the non-consumer related presentations, a word was used to refer to a debtor. Not any particular debtor, but rather in terms of a description or hypothetical. While technically it was a business presentation, and arguably, the word as it was used (rather repeatedly) does not necessarily imply some personification of the word, it’s difficult for me to hear the word and not think that it refers to a person. I write about this word because as a bankruptcy lawyer, I found the word offensive. The word is deadbeat.
I expect people who do not understand bankruptcy or who have little sympathy for those who are experiencing financial difficulties to have some level of disdain for those who are experiencing it. In many cases, those are the type of people who work as collection agents – the ones who act like it’s their money that’s owed which is why they may treat consumers with little to no respect. They are also the ones who are very quick to point out that someone has not lived up to their end of an agreement…as if Western Civilization would collapse because of it. The use the term ‘deadbeat’ because it is judgmental, and it is offensive. But I expect a bit more from a bankruptcy attorney, regardless of whether their focus is consumer or commercial matters.
While representing consumers, it is common for me to be in court with attorneys representing lenders and other creditors. At no time have any of my colleagues who I see very regularly and most of whom I have tremendous respect for – said to me “why isn’t your deadbeat paying the mortgage?” or “why do you represent deadbeats?” Admittedly, some have said “why do you practice on the dark side?” which then leads me to respond with “I’m not, you are on the dark side…come to the light!” Then it turns into a volleying “no, you are!” discussion that inevitably leads to laughter. But I digress.
Had my colleagues used that word, I likely would have reacted in such a manner that most reasonable minds would conclude was counter productive. Perhaps even intemperate. But they do not because like me, I think many of my colleagues understand that for some people, life happens. Sometimes regrettable decisions are made by debtors. Sometimes decisions are made by others that debtors end up regretting. Sometimes it just is what it is. And we do what we do because we are compelled to help them through a difficult time.
Again, while I appreciate that some people with a certain amount of ignorance (or perhaps blindness) don’t share the same level of understanding I have with people struggling with debt, that is not to say I find the use of the term appropriate, especially when used by a bankruptcy attorney who should know better. To those attorneys, and to those readers who wonder where my head is on this subject, I say this: we accomplish nothing by sitting in judgment of people facing the prospect of seeking bankruptcy protection, and certainly there but for the grace of God, none of us have the right to.
After all, we can only plan and hope. No one really knows what tomorrow will bring. And those who did not plan well, or perhaps had far too high hopes don’t deserve being referred to as a deadbeat. By anyone.
Tags: Bad Debt Collectors, Bankruptcy, Commentary - Legal
Posted in Bankruptcy | No Comments »