Bankruptcy - Listen for the information you don't want to hear and ask the questions you don't want to know the answers to ...

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I had a call this week from a potential client trying to deal with student loans she and her husband co-signed for their daughter. Her daughter defaulted and the lender was suing both the student and parents. The student file bankruptcy several years ago only because she had student loans thinking the debt was discharged because the loans were private school loans. Last year, the creditor starting collection efforts against the parents and they went through bankruptcy.

Within the last month, the creditor filed a the law suit. She called me to talk about the case and her bankruptcy. One of the first questions I asked her was, "Did you call your bankruptcy attorney? What did he say?" Her response was, "I didn't get a good feeling from him ... he said he told me this might happen."

I do not know how strongly or clearly her bankruptcy attorney explained the challenges and process of discharging student loans. Because this is an emotional and tumultuous time for clients, sometimes, they only hear the parts of the counsel that will help them and missing some of the issues that may continue on.

We as attorneys need to give our best efforts to make sure our clients understand everything. But in order to be successful, clients need to really listen ... even to the parts they don't want to hear. Also, clients should feel free to ask questions when they are unclear, missed something or even if they want or need to hear something again. Clients should ask the questions they are scared to learn the answers. Clients should not sign the bankruptcy petition and schedules until they believe they fully understand the ramifications of filing for bankruptcy.

If you are reading this blog thinking about filing bankruptcy, prepare to ask all the questions you have even if you fear the answers. Listen closely to all the information your attorney passes on to you. It is all important and allows you to make an informed decision on whether to file for bankruptcy protection or not.

If you want assistance, legal representation, or just want to know more about Mark Medvesky or Wells, Hoffman, Holloway & Medvesky LLP, check out our website at www.whhmlaw.com.

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