Filing Bankruptcy: What Is The Biggest Misconception? Part Two



(part one here:  Filing Bankruptcy)

So, this gal or guy makes a living, or tries real hard to do so, in the insolvency field, as some call bankruptcy law. Without people filing bankruptcy cases, he cannot make a living.

Now, most people feel uncomfortable, embarrassed even, at their bankruptcy hearing. And you may be intimidated by his or her questions. Many of them asked why you filed bankruptcy, how you ended up in bankruptcy court.

Still, their job is to get assets that are not exempt, or recover a preferential transfer or other way of getting money into the bankruptcy estate, for the benefit of creditors. They get a commission on such funds.

If there are any. Over 90% of the cases I file are no asset cases, meaning my client loses no property.

Either way, the trustee just works there, and it is NOT her job to make you feel bad or punish you somehow.


A bunch of people just like you, nervous to varying degrees, their lawyers, like me, probably using their laptops or smart phones, as the Detroit bankruptcy courttooms have wireless internet access.

The credit unions and some car finance companies, like Ford Credit, still send attorneys to the hearings.

But, again, they are not there to yell at you, but to do their client’s biding, find out what shape the car is in, do you have insurance? Do you want to keep the vehicle?

And their clients don’t keep them up to date either. Last week, a credit union lawyer asked my client what shape the car was in.

The answer was, that the credit union had picked up the car a month ago, right after the bankruptcy case was filed.

Most creditors do not want to throw good money after bad, they do not want to pay an employee or attorney to come down to court to ask questions. They can access all the bankruptcy schedules you filed on the court website.

They have the notice from the court, and they have my contact information, so they can ask me questions, as the automatic stay prohibits them from contacting you once the case is filed.

So, there is nothing to be afraid of!


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2 Responses to Filing Bankruptcy: What Is The Biggest Misconception? Part Two

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