• Home
  • Bankruptcy in Brief
  • ABC’s of Bankruptcy
  • Considering Bankruptcy
  • True Stories
  • Chapter 13
  • Blog
  • About
  • TOC

Northern California Bankruptcy Lawyer

On The Bankruptcy Soapbox

The Soap Box
  • How bankruptcy works
  • Mortgage Matters
  • Consumer Rights
  • You & Your Lawyer
  • Small Business
  • Family Law

Fear keeps folks from bankruptcy relief

By Cathy Moran

filing bankruptcy

Fear of bankruptcy is both common and necessary.

Those who aren’t living the American dream of upward mobility and financial security seem to think that’s a matter for shame.

Perhaps the second most frequent question would-be clients ask me is whether the fact that they filed bankruptcy will be

  • in the paper,
  • disclosed to their employer, or
  • discovered by their family or friends.

[The answer is that it’s unlikely.]

They are paralyzed by what they perceive as shame in not being a financial success in a world that too often confuses money with virtue.

The bankrupt are better off

A couple of objective observations are in order.

  • A university study of some years ago found that one in seven American families would be better off if they would file bankruptcy.
  • Second, millions American families have filed bankruptcy.

Chances are very good that several of the families around my petrified client have filed bankruptcy, unbeknownst to the client.

The study about being “better off” resonates particularly with me, as I see individuals struggling to pay credit card debt, where the interest has tripled when a payment was late, while at the same time, they have no emergency cash reserves, no retirement savings, and no health insurance.

While their choices are noble, they aren’t wise.

The real cost of fear of bankruptcy

Too many live on the financial edge so that the credit card companies get their minimum payment.  They go without health care, an emergency fund, and even without food to honor their commitments.

I tell my questioner that bankruptcy is a matter of public record, so anyone who wants to find out who has filed can do so.

But, I ask, have you recently read the news of individual bankruptcy filings?

Such is not the fare of papers where I practice.  With some thought, they begin to realize how insignificant the fear of exposure is next to the financial realities of their situation.

Being debt-free is possible

The human creature is pretty amazing that it will live with the constant stress of overwhelming indebtedness rather than risk that others learn of its pain.

It doesn’t have to be that way. Read up on how bankruptcy actually works and you’ll find that most of your fears are unfounded.

More

Your credit heals

Debt is unhealthy

Debt makes you stupid

What’s life really like after bankruptcy

More from the Soapbox

  • Small businesses increasingly seek bankruptcy reliefSmall businesses increasingly seek bankruptcy relief
  • Can A Trust Protect You In Bankruptcy?Can A Trust Protect You In Bankruptcy?
  • How To Exclude A Debt From Your Bankruptcy DischargeHow To Exclude A Debt From Your Bankruptcy Discharge
  • Don’t Brag About What You Saved Unless It’s TrueDon’t Brag About What You Saved Unless It’s True
  • Right To Support When Your Ex Files BankruptcyRight To Support When Your Ex Files Bankruptcy

Filed Under: Considering Bankruptcy, Featured Tagged With: name in newspaper

About Cathy Moran

I'm a veteran bankruptcy lawyer and consumer advocate in California's Silicon Valley. I write, teach, and speak in the hopes of expanding understanding of how bankruptcy can make life better in a family's future.

Bankruptcy Basics

About The Soapbox

You’ve arrived at the Bankruptcy Soapbox, a resource of bankruptcy information and consumer law.

Soapbox is a companion site to Bankruptcy in Brief, where I try to be largely explanatory and even handed (Note I said “try”).

Here, I allow myself to tell stories and express strong opinions. We dig deeper into how to consider bankruptcy and navigate a bankruptcy case.

Moran Law Group
Bankruptcy specialists for individuals and small businesses in the San Francisco Bay Area

How Bankruptcy Works

Cheat Sheet For Passing Bankruptcy Means Test

The bankruptcy means test has a fatal weakness in its attempt to keep people out of bankruptcy. Like so much recently, it's health care. It's health care, in the future, to be paid before your creditors get any money in your bankruptcy. It works because, in a logic that only Congress could employ, the means … Read more

More Posts from this Category

643 Bair Island Road
Suite 403
Redwood City, CA 94063
Phone: (650) 694-4700
Phone: (650) 368-4700

Categories

All content copyright © Moran Law Group. All rights reserved.