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Re: need help please...


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Posted by poor lawyer (24.88.34.92) on August 18, 2002 at 11:55:36:

In Reply to: need help please... posted by troubled on August 18, 2002 at 09:50:00:

Whether or not to file BK is a very difficult decision to make. So many factors should be considered that it would be improper (in most cases) for somebody on a chat forum to give advice one way or the other.

Things to consider are:

the total amount of debts

the individual amount of your debts

the age of your debts

the SOLs in your state

the total amount of your assets

the bankruptcy exemptions in your state

you and your husbands age, income, lifestyle, health, etc...

the number and age of any children you have

as well as many other factors.

Bankruptcy attorneys usually take one of two approaches. Either they will always suggest bankruptcy (more fees for them) or they will consider bankruptcy a last resort and will look for other ways to deal with your situation. I have no idea which kind of attorney the one you spoke to is.

If you have doubts, you should get a second opinion. Its just like with a doctor. If you have doubts about what a doctor tells you, you get a second opinion. Lawyers are the same. One lawyer will say that you should absolutley do this, and another will say that you should absolutely do the opposite.

I would suggest consulting with your parents first, as well as with your minister, pastor, priest, etc... Most modern day clergy deal with this situation quite often, due to the morality issues involved.

Then, ask another attorney. He doesn't necessarily have to be a bankruptcy attorney (90% of attorneys will know something about BK because it pops up in all kinds of situations). Tell the new attorney that you had been given legal advice to file bankruptcy, but that you have doubts and want a second opinion.

Basically, you have doubts, and thus you need more information. Coming here was a good step towards getting that information, but the answers to your questions are probably beyond the scope of this forum.

I wish you the best of luck...

poor lawyer, esq.


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