COUNSELING BANKRUPTCY CLIENTS
protecting the income resources and property of citizens. How it is healthy for our economy, if persons and families can have a fresh financial start, to be more productive, instead of being mired in old debt.
I believe it is helpful to explain to clients that they are not alone. That many others have the same problem. When I was counseling with potential bankruptcy clients, I would often say that very few people leave this life without having a serious financial struggle, at least at one point in their lives.
Furthermore, while the constitution expressly disfavors an entanglement of government with religion, our country was founded on Judeo-Christian principles. Passages regarding the forgiveness of debt riddle the Old Testament.“ Open thy mouth and plead the cause of the poor and needy,” reads Proverbs 31, verse 9. If you find your clients have belief in the Bible, this often gives them comfort.
Hope is a powerful motivator. Clients should be given encouragement about the future. I have a small quote from a Roman philosopher, Seneca, hanging in a quiet corner of my office, it states,“ Many things have fallen only to rise higher”. This reminds me to offer encouragement to debtors.
When I was senior partner of my former bankruptcy law firm, OlsenDaines, I missed a NACBA convention. I told my brother, who is also a partner at OlsenDaines, to return and bring back at least one good idea. When he returned, he handed me a brochure that explained about a credit restoration program for persons that had filed bankruptcy, called 720 creditscore. com. I got on the website. I immediately recognized how helpful this would be to our clients. Years ago I had written a booklet about credit restoration for our clients, that was out of date and no longer used. I picked up the phone, and called the owner and founder, Phil Tirone. I reviewed his program and our firm immediately contracted with Phil to make this available to our clients. We chose to offer this as part of our service, at no additional cost.
That was over three years ago, and although I am now helping the poor and lower income seniors who don’ t need bankruptcy through HELPS, Phil and I still talk about different topics several times a year. I believe anything we as attorneys can do to help our clients get on with their lives, to live it in a better way, is a good thing. Clients are very appreciative that not only were we able to solve their old debt problems through bankruptcy, we gave them a leg up to reestablish their credit.
Debt collectors will never inform persons about the laws protecting their incomes or assets. Despite state and federal laws to protect debtors from predatory creditors, harassment does happen. Some collectors will say just about anything to generate guilt in attempts to collect debt. Bankruptcy attorneys help these same debtors by informing them about the laws, and the reasons for the laws that protect their rights. HELPS is happy to provide attorneys a flyer about guilt and debt to provide bankruptcy clients by emailing eolsen @ helpsishere. org.
The guilt over unpaid debt is an understandable struggle. Many of our clients have a hard time affording themselves the same compassion they would grant to others. Some things, however, are objectively impossible. Even if I was offered a million dollars, I could not run and complete, an ultramarathon tomorrow. The humility gained by recognizing not everything is within our control, can become an invaluable tool for self-forgiveness. As Helen Keller said,“ failures become victories if they make us wise hearted.”
Persons suffering from guilt regarding bankruptcies and financial failure should be helped and given peace of mind. They can be counseled and helped to understand that they are not alone. This is a step to restart their financial goals, and their chance to give back to society. They need feel no guilt. I believe it is our responsibility to give this freedom to our clients.
Eric W. Olsen Executive Director HELPS Nonprofit Law Firm. HELPS is a nationwide nonprofit law firm that educates lower income seniors how they can maintain their financial independence. HELPS also protects lower income seniors and disabled, who do not need to file bankruptcy, from collector harassment and assists other attorneys in that same mission.
National Association of Consumer Bankruptcy Attorneys Spring 2017 CONSUMER BANKRUPTCY JOURNAL 9