Some people are ineligible for Chapter 7 based upon their income and cannot file Chapter 13 because they have debts above the Chapter 13 ceilings. Many other people are advised by a bankruptcy attorney not to file bankruptcy because they have assets which are not exempt in bankruptcy. I sometimes wonder what happens to people facing judgments who are told by a bankruptcy attorney that they cannot file, or should not file, bankruptcy.
I’ve spoken with many clients who have previously consulted a bankruptcy attorney and were told that their was nothing the attorney could do for them because they could not file bankruptcy. The attorneys simply sent them home to deal with their debt problems and their creditors on their own.
Being an Orlando bankruptcy attorney should mean something more than either putting clients in bankruptcy or sending them away. If someone should not be in bankruptcy they should still get advice about planning alternatives. For instance, people who would forfeit assets in bankruptcy may be judgment proof outside of bankruptcy; these people should resist collection and offer little money to settle their debt. Other people may have assets exposed outside of bankruptcy; these people may have to pay more to settle their debts. All of these issues are part of the bankruptcy planning process. Clients who consult with a bankruptcy attorney should expect help and solutions whether or not the solutions are in or out of the bankruptcy process.