I find that many people who are thinking about it will want to investigate some facts about bankruptcy, and get some information about the process before they pick up the phone and speak with me. And certainly, there’s much information and content on this website – and it’s here for just that reason. But every lay person needs to maintain some perspective when researching, reviewing and digesting information about bankruptcy and the bankruptcy process. Today, I had a conversation with a client that reminded me to remind you to keep that perspective.
The most important thing to remember is that research should not replace speaking with counsel and getting a full and fair opinion. Nothing on this site is designed to be legal advice. As a matter of fact, you’re unlikely to find anything that amounts to legal advice on the internet.
What you will find is information. But sometimes, that information can lead to overload – and overload and can lead to confusion. And today I encountered confusion.
I spoke with a client on the phone who “had done a lot of research” about bankruptcy. He knew and understood terms like the “Means Test” and “Discharge.” But he did not quite understand how the Means Test worked – or that the Means Test applied in not just Chapter 7, but that a different version of the form (with entirely different consequences) applied in Chapter 13.
He asked what most might think is a rather straightforward question: “In a Chapter 13, how will they determine how much I can afford to pay back?” The problem with this seemingly straightforward question is that there is no straightforward answer. There are many variables, including whether you are over the state’s median income, whether you have payments on secured debt and the status of the case law at the time (and because it is ever-evolving, I tend to view the case law as a moving target). The other problem is that I cannot answer the question in a phone call or a short initial consult meeting. It requires information, documents, and an assessment of all of the factors at the time of the filing.
The client is already frustrated, and I can understand why. Struggling to make ends meet, the client is trying to determine what more will be expected of him and his family in the bankruptcy process. Yet, there is no easy answer I (or for that matter anyone else) can provide. At least not an honest one. The fact I could not provide a quick answer only fed that frustration.
I would not think of going to WedMD to learn how to perform a medical procedure on myself. I don’t call my dentist to explain why my mouth hurts (which is a good thing, because as I recently learned, it wasn’t what I thought it was). So with that said, please know I do not recommend using this site, or any others as a substitute for sitting down with a bankruptcy attorney and giving them all of the information they require. Then, armed with the facts and sound legal counsel, you can then make the best decision to protect your family from the oppressive debt you find yourself struggling with. After all, that is why you’re calling me. And that is why you’re researching bankruptcy information on the internet.
