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Who Profits When Money Trouble Is Shameful?

By Cathy Moran

money troubles taboo

Talking about our financial troubles is taboo in this society.

In fact, we are more willing to talk about our sex lives than our money troubles.

We lionize those who make a fortune.  Everyone expects to live the middle class life.

It becomes easy to think that something is wrong with you if you aren’t making it?

Too many people I meet to discuss their money troubles express a sense of  shame, the sense that their financial hole is the sign of a moral as well as financial failure.

And as long as no one will talk about money troubles outside of a lawyer’s office, each person imagines that they are the only one with this sort of problem.

Further, they imagine that they will have to justify their situation to the bankruptcy judge in order to get a discharge. They see themselves alone and exposed.

There’s profit in cultivating shame

The cult of silence may be why the debt settlement/debt management businesses do so well.

For a price, you are told, you can hire someone to get you out of the hole without declaring bankruptcy and therefore declaring failure.

Only those models seldom work.

Writing one check for the same amount as you wrote a bunch of smaller checks is still the same amount of money. It’s not the number of checks that is the problem, it’s the amount of money necessary to retire that debt, even over time.

The debt settlement model fails because creditors don’t stop trying to collect when contacted by one of these for profit outfits. And usually, the first money paid by the consumer goes to the company, not the creditors.  No one but the debt settlement folks get paid while you build up money in their hands.  Creditors getting nothing get fed up and sue you.

The business model works only for the debt settlement folks.

And as long as they can convince you that bankruptcy is an unacceptable choice, they prosper.

Bankruptcy neither shameful nor rare

Over the past five years, an average of 1.3 million consumer bankruptcy cases have been filed.  One study of American families done before the Great Recession said one in seven families would be better off if they filed bankruptcy.

It’s probably more today.

Three life events are closely tied to the need for bankruptcy:  job loss, divorce, and illness.  Hardly a cause for shame in that list.

The “typical” bankruptcy filer is married, middle aged, white, working, and college educated.  Doesn’t sound like a pariah class, there.

Tom Friedman, columnist for the New York Times, names generous bankruptcy laws as a necessary feature for a country that wants to thrive in the global economy.   People can take economic risks when failure isn’t a life sentence.

Let’s give a shout out for bankruptcy as a vital reset for families burdened with debt they can’t reasonably pay.

More about making the decision to file bankruptcy

One test for whether you need bankruptcy

Six rotten reasons not to file bankruptcy

Which California seniors don’t need bankruptcy

Image:  © Farina3000 – Fotolia.com

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Filed Under: Considering Bankruptcy, Consumer Rights Tagged With: debt settlement

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

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