Stories From a Bankruptcy Attorney – the good, the bad and the moronic.
Published On: December 24, 2014
As an Arizona attorney with more than 25 years experience in bankruptcy and foreclosure I see people making desperate economic decisions they later regret.
I deal with this behavior by mumbling under my breath (and then posting about it on this blog). Thought you might be interested in some of my ramblings.
The CFPB has identified agreements where financial institutions offer royalty payments for use of college trademarks or bonuses based on the number of student account sign-ups. Financial institutions may also offer discounted, or even completely free services, in exchange for marketing access on campus.
The behind the scenes reason for this increased scrutiny is that the bankruptcy trustees and their attorneys are hungry. Bankruptcies are down, but their firm and life style were built on earning a very healthy income. Now they are desperate to keep up that same level of income.
Consumer Financial Protection Bureau (CFPB) is seeking input on a “Safe Student Account Scorecard” that would help colleges to avoid partnering with financial institutions that offer checking and prepaid accounts with tricks and traps. CFPB discloses that many “colleges make deals with financial institutions, where the college helps with or allows the promotion of credit, debit, or prepaid cards, sometimes endorsed with a college logo or linked to a student identification card. Colleges, either directly or indirectly, typically get a share of the revenue generated from the cards, and financial institutions have access to a new group of consumers.
Disclaimer: Internet-delivered wisdom on this blog CANNOT AND SHOULD NOT SUBSTITUTE for your real-life Lawyer’s personal attention + review of your unique situation, plus your own common sense!
The author of this blog takes no responsibility for any legal, relationship, scholastic, financial, or other decisions you may make based on information found in this blog. And since people seem to be a bit confused about this: any “real-sounding” clients names are just horrible puns, and not ethical violations.
Chapter 7 is not something that you can dip your toe into in order to check the temperature of the water. It is something that you jump into and can only be rescued from it if you show cause” In re Dreamstreet, 221, B.R. 724 (Bankr. W.D. Tex. 1998)
At least once a week I hear a report of someone filing bankruptcy and then trying to get out because they do not like the way things are going. You can see from the quote above that this is not so simple. Only a judge can release you from a chapter 7, and then only after you show good cause. How hard is it to show “good cause”. Arizona, like most bankruptcy courts, are not inclined to allow a debtor to dismiss their chapter 7, a few other bankruptcy courts are more lenient. Why take that chance? Talk to an experienced bankruptcy attorney who will give you proper advice about the challenges and rewards of bankruptcy.
In the medical arena this would be similar to starting your open heart surgery only to have you try to leave the operating table halfway through the surgery. Perhaps you should think about the surgery before laying down on the operating table.
I know this is a harsh sentiment, but bankruptcy, like open heart surgery, should not be taken lightly.
Once again banks and lending institutions look for ways to bind a student to life changing debts. Please use your common sense when borrowing money with the “hope” that you can repay it in the future. Remember that at some time you will have to repay the debt, plus interest and, possibly, penalties. This is gambling with your future and the financial stability of your family.
By Diane Drain|Published On: December 24th, 2014|Last Updated: May 29th, 2022|
Diane is a well respected Arizona bankruptcy and foreclosure attorney. As a retired law professor, she believes in offering everyone, not just her clients, advice about bankruptcy and Arizona foreclosure laws. Diane is also a mentor to hundreds of Arizona attorneys.
*Important Note from Diane: Everything on this web site is offered for educational purposes only and not intended to provide legal advice, nor create an attorney client relationship between you, me, or the author of any article. Information in this web site should not be used as a substitute for competent legal advice from an attorney familiar with your personal circumstances and licensed to practice law in your state. Make sure to check out their reviews.*
5 / 5
“You folks are the BEST OF THE BEST in Arizona.” M.H.
You and Jay are the best attorneys I have ever had or needed and thank God for the Honorable Robert Gottsfield in recommending you folks – I would have never made it through the entire process without you and Jay and God Bless you both always and stay in touch as well. You folks are the BEST OF THE BEST in Arizona.
5 / 5
“My only regret is that I didn’t find Diane sooner.” K.H.
I can’t say enough good things about Diane. The way she handled my not typical circumstances was amazing. I was very nervous to start the bankruptcy process but Diane just has a very comforting way of explaining the whole process. My only regret is that I didn’t find Diane sooner. If you find yourself in a financial situation that you can’t correct on your own, please Call Diane Drain as soon as possible.
5 / 5
“Filing for bankruptcy can be a stressful life event” R.A.
Filing for bankruptcy can be a stressful life event, and selecting the right attorney can add to this stress. Diane and Jay were a pleasure to work with, and it is obvious that they are passionate about helping people get their life back on track. I would highly recommend them if you need a bankruptcy attorney.
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