I have been representing debtors for over 43 years at The Law Office Of Barry R. Levine, since before it became a growth industry. Over the decades, I have encountered many different types of debtors. There are those who are overly reactive to matters, until I manage to convince them that we are only talking about money and not their health, thank God.
There are the ones that no matter what you tell them you need, it is often like discussing matters with them as if they were a child. You can explain to them what you need to to prepare their case, but it’s often like talking to a wall — which reminds me of an old joke (I’m just an old Jew who likes to tell jokes) about the rabbi who prayed every day at the Kotel. When he was asked how it felt praying there every day for decades, his response? Like talking to a wall! For these debtors, the simplest request is unable to be satisfied.
During my 43 plus years of representing debtors (when I occasionally represent a creditor, my lament is we want our money and we want it now), my favorite of my debtor’s cast of characters is The Ostrich. You know, the one who figures that by ignoring the calls, correspondence, the demands, the lawsuits, and other creditor actions they will all miraculously vanish. As those of us who deal with reality know, creditor claims do not go away unless and until the debtor takes some action to address the situation.
Unfortunately, hoping that it all goes away is not a way to go about this. How else does someone come to my office needing a bankruptcy filing to stop a foreclosure which just happens to be scheduled for tomorrow? Or, someone who has been threatened with a seizure of assets, wage garnishment or other extreme and untoward creditor activity and comes to the office knowing nothing except that the wage garnishment, attachment or asset seizure was scheduled for earlier that day?
My late mother was once in a minor fender bender down in what I call “mondo condo,” southeastern Florida. Having experienced Hitler and the Nazis, she spent the next few days after her accident hiding in her condo waiting for the Gestapo to show up at her door. Much like I told my mother, whatever you may think of this country, it is still America (I usually spell that with a k), and nothing occurs in the law without notice and an opportunity to be heard.
A foreclosure requires many months of notices, usually certified, from the foreclosing lender and there are oftentimes many opportunities to work something out. An asset seizure does not occur overnight nor does a wage garnishment. Our system of law, for better or worse, provides for notices every step of the way. Creditors cannot undertake an untoward action towards a debtor’s interests because the sky is blue, the sun is out or tomorrow is Thursday. None of these matters occur in a vacuum.
So how does an MOB (member of the bar, as I call us) deal with The Ostrich? Not without much difficulty. It has been many years since one could just file a personal bankruptcy to stop a creditor action — especially if it is scheduled for tomorrow. The Ostriches quickly discover that there may be nothing to be done to stop their crisis because there is no time to do so. Most times, a bankruptcy petition cannot be filed without the debtor taking a credit counseling course prior to filing. The schedules, statements of financial affairs and other documents must be prepared and filed. It all takes time, time that the debtor may not, because of his or her inaction, have available. And, if we can file in time to stop the immediate problem, the debtor usually pays the cost of such emergency action by having a heavy case, as us alte kockers say, of Mr. Green making an appearance to a greater extent than if the filing had time.
If you find yourself receiving notices on your debt, it is better to reach out sooner rather than later. Find a legal professional near you for help.
