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Bankruptcy Alphabet: A Is For Assume

By Cathy Moran

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erroneous assumptions about bankruptcy

In my bankruptcy alphabet,  “A” is for Assume.

People assume all kinds of things about bankruptcy, most of them incorrect. Invariably, each assumption is more horrific than the truth.

  • People assume that they lose everything in bankruptcy.
  • They assume that the court controls their finances.
  • They assume they have to justify filing bankruptcy.
  • They assume they”ll never get credit again.

The list goes on. Each of the assumptions above is false.

Some assume that they can do it themselves as “bankruptcy is just filling out forms”.  As a bankruptcy lawyer who winces at what untrained lawyers do in this field, that horrifies me. Too much is at stake to represent yourself.

Even assumptions based on bankruptcy before 2005 might once have been true, but aren’t true any longer.

Explore here

I’m a 40+year veteran of bankruptcy law, certified as a specialist in bankruptcy law by the State Bar of California. Many of the posts here had their beginning in my experiences with people seeking a fresh start in bankruptcy.

I try to explain bankruptcy up close, with heart and occasional humor. I write about the decision to seek bankruptcy, what’s required to file a case, and how bankruptcy impacts your life after you get a discharge.

If you’re having money troubles and bankruptcy seems too scary, move enough beyond your assumptions to consult a bankruptcy lawyer for Better information.

As they say on Sesame Street, today’s post was brought to you by the Letter A.

More:

More Bankruptcy Alphabet

Myths about bankruptcy

The really scary creditors

Finding a bankruptcy lawyer

Image: Light Impressions-Fotolia.com

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Filed Under: ABC's of bankruptcy

About Cathy Moran

I'm a veteran bankruptcy lawyer and consumer advocate in California's Silicon Valley. I write, teach, and speak in the hopes of expanding understanding of how bankruptcy can make life better in a family's future.

Comments

  1. Bankruptcy from A to Z - A is for assumptions you need to rethink says

    December 2, 2011 at 3:30 pm

    http://www.rickpalmerlaw.com/bankruptcy-from-a-to-z-assumptions-you-need-to-rethink/

Trackbacks

  1. Bankruptcy Alphabet: A Is For Abandonment says:
    November 3, 2011 at 9:31 am

    […] when dealing in matters of bankruptcy. My partner Cathy Moran has opted for an alphabet that uses assume as the letter A, and I encourage you to read her thoughts as well. Image credit: ?Leo Reynolds Categories: […]

  2. Bankruptcy A to Z – A is for Assets | Marin Bankruptcy Law says:
    November 3, 2011 at 5:11 pm

    […] Check out Jay Fleischman?s post where A is for Abandonment and Cathy Moran?s post where A is for Assume. […]

  3. A is for Adversary Proceeding in the Bankruptcy Alphabet - says:
    November 28, 2011 at 1:25 pm

    […] Bankruptcy Alphabet-A [is for Assume] by Cathy Moran, Northern CA […]

  4. "A" Is For Bankruptcy Contract Assumption | Downriver Bankruptcy says:
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    […] A is for Assumption […]

  5. Bankruptcy From A to Z - False Bankruptcy Assumptions | says:
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    […] Northern California Bankruptcy Lawyer, Cathy Moran […]

  6. Bankruptcy Alphabet: A is for Ask — JC Law Group says:
    December 14, 2011 at 10:57 pm

    […] Adversary Proceeding Alimony Arrest Assets Assets Assets Assume Assumption Assumption Assumptions Attorney Automatic Stay Automatic Stay Automobiles […]

  7. Bankruptcy Alphabet From A – Z — JC Law Group says:
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  8. Bankruptcy A-Z: A is for Assets | Metro Richmond Consumer, Bankruptcy and Small Business Lawyer | Goldstein Law Group says:
    December 21, 2011 at 7:55 am

    […] is for Abandonment. A is for Adversary Proceeding. A is for Assets or Assets or Assets. A is for Assume. A is for Assumption or Assumptions or Assumption. A is for Attorney. A is for Automatic Stay or […]

  9. Assumption of Contracts and Leases in Bankruptcy | Bankruptcy Blog from Los Angeles Attorney says:
    February 20, 2012 at 1:17 pm

    […] discusses Applications, Monica Shepard analyzes Assets,  as does Cate Eranthe .  Cathy Moran assumes, Daniel Winter on attorneys, Kyle Lindsay discusses the Automatic Stay,  as does Peter Behrmann […]

  10. Bankruptcy Alphabet: A is for Avoidance of Preferential Transfers | Stokley Martin Law Group, LLC says:
    February 23, 2012 at 11:47 am

    […] Assume […]

  11. Why Should I File Bankruptcy? Reason “A” Automatic Stay | Bankruptcy Information Blog says:
    May 22, 2012 at 11:54 am

    […] Assume – Northern California Bankruptcy Lawyer, Cathy Moran […]

  12. Allowance from Chapter 13 Trustee says:
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    […] Northern California Bankruptcy Lawyer, Cathy Moran […]

  13. Bankruptcy Alphabet - A — KANSAS BANKRUPTCY says:
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    […] Adversary Proceeding Alimony Amendment Application Arrest Ask Assets Assets Assets Assets Assume Assume Assumption Assumption Assumptions Attachment Attorney Automatic Stay Automatic Stay […]

  14. Bankruptcy: The Unhealthy Lure Of Do-It-Yourself says:
    December 21, 2012 at 8:45 am

    […] assume it’s “just filing out forms”. All of these assumptions are wrong.  But let’s look at the third assumption, that it’s “just filling out […]

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You’ve arrived at the Bankruptcy Soapbox, a resource of bankruptcy information and consumer law.

Soapbox is a companion site to Bankruptcy in Brief, where I try to be largely explanatory and even handed (Note I said “try”).

Here, I allow myself to tell stories and express strong opinions. We dig deeper into how to consider bankruptcy and navigate a bankruptcy case.

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