Sometimes you win one

by | Nov 29, 2012

Consumer Bankruptcy representing Debtors can be a brutal and sometimes demoralizing practice.

Frequently, no matter how hard you try, the facts and law are just against you. You want to be able to help your clients, but their actions prior to the filing of the case, the specific circumstances of their financial difficulties, and frequently “The Law” all seem to conspire to prevent you from finding a workable solution.

But – Today was a Good Day

About a month ago, I filed an emergency bankruptcy for a couple. That afternoon their bank had decided to wipe out their accounts to ‘set-off’ a debt that the couple owed the bank. I wasn’t sure that I would be able to get the couple’s money returned to them, but we all thought that it was worth a try.

Today I found out that the bank has finally decided to back down and return the couple’s funds to them. The return of those funds, plus the fact that I should be able to strip off their wholly-unsecured second mortgage, plus their recently won mortgage modification, should put them on the path to a full financial recovery.

Remember: Every case is different. There are no guarantees in bankruptcy and anyone who gives you one should probably not be trusted. Things can go wrong in even the most straight-forward cases.

But… If you retain competent counsel – and have valid arguments under the bankruptcy code – things CAN work out in your favor.

If you would like to sit down and talk about your personal situation and see if I can do anything to help, please give me a call.

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Geoff Wiggs