Is Bankruptcy The Right Choice For You?

Are you struggling with the choice to file bankruptcy?

However you got into debt, you may be struggling with the question, “Is bankruptcy right for me?”

Most of the clients I meet in my Asheville bankruptcy law firm came to the realization that they were trapped with the amount of debt they had and needed help getting relief. They couldn’t get out of debt by skipping the morning coffee line.  They couldn’t get out of debt from debt snowballsDebt avalanches didn’t work either. You name it, they tried it. But nearly all of my clients say the same thing, “I wish I would have filed bankruptcy sooner.”

Life Happens

Job change, illness, divorce… or simply, “life happens”. Whatever the reason that caused your financial distress, if you are going without basic necessities, an emergency fund, or health insurance, then it is time to consider filing bankruptcy. Filing for bankruptcy relief can have an immediate positive impact on your quality of life. Creditors stop calling, lawsuits stop, foreclosures and repossessions are halted. You can focus on taking care of yourself and your family instead of taking care of your creditors. Often when clients come to me, they have sacrificed the basic necessities so that they can pay their creditors. But after bankruptcy, they have money for healthy food, car repairs, and clothes that aren’t from a thrift store.

Bankruptcy Helps You, Not Punishes You

And guess what?  Bankruptcy is really not that horrible. Talk to someone that has actually filed bankruptcy instead of listening to the scare tactics. You will probably keep everything you own. It’s also not uncommon to see credit scores rise dramatically after bankruptcy with just a little bit of time.  You can still borrow money, including for a car or a home.  After your bankruptcy, you will have wiped out nearly all of your debts.  Since you won’t be eligible for a a discharge in another bankruptcy right away, your are a better credit risk coming out of bankruptcy than before you went in.

The Sooner You File, The Sooner You Recover

The longer you wait to file bankruptcy, typically the worse off you will be.  You might drain your retirement that you would otherwise keep in bankruptcy.  You might waste years in a debt settlement program.  This will only leave you worse off once you finally file bankruptcy.  File bankruptcy first and you will recover sooner with more of your assets left over.  Find out if it is the right choice for you by calling a bankruptcy attorney in Asheville, NC at 828-412-8700.

Why Should Hire An Attorney If You Are Sued For A Credit Card Debt

The vast majority of the people sued for a debt do not hire a bankruptcy lawyer, even though the credit card companies send experienced lawyers to court to represent them. These attorneys do not represent you and are not there to help you. You might try representing yourself but you are setting yourself up for failure.

The other day, I was at court for a trial representing a client sued by a credit card company. As usual, the credit card company’s attorney filed the lawsuit against my client at the same time they sued many other people and there were many other people set for trial that day too. What was unusual was that they actually sent a witness this time. Unfortunately, none of the other defendants had an an attorney representing them. My trial was not first so I was sitting in the court room watching a pro se defendant (someone representing them-self) attempt to win their case. He tried very hard but was stumbling because he did not know the rules of evidence or how to effectively cross-examine a witness. He did not understand that even though the credit card company did not have a contract signed by him, or a purchase slip signed by him, that the credit card company could still prove their case by showing that he failed to follow certain procedures. This frustrated the judge because the judge had to stop and explain but the pro se defendant still did not understand. He ended up losing and is now saddled with a judgment for about $12,000.00.

My client’s case was next. My client’s case was by the same credit card company with the same witness. I was able to effectively cross-examine the credit card company’s witness and was able to prove that the evidence that they were using was insufficient. This was the very same evidence used in the trial before my client’s. The judge ended up ruling for my client and now my client owes nothing. I later heard from the bailiff that all the trials that were to go after my client’s ended up settling.

If you are sued on a debt, don’t represent yourself. Contact Mosley Law Firm about your options.