"No Big Deal" equals "Run Away Fast!!!!"

The other day I had a client come into my office for a free initial consultation. He sat down and the first thing he disclosed is that I was the second bankruptcy attorney he was meeting with. He went on to explain that the first attorney didn't listen very well and was very condescending. When he explained to the attorney that he had property up north that was owned free and clear with his three siblings he was told "that's No Big Deal, the creditors are not going to be interested in that property if you file a Chapter 7." The attorney then went about pressuring this man into signing up with him that day.

Luckily for my new client he felt very reluctant to believe that the property up north with an SEV of $32,000.00 and active mineral rights netting $150.00 a month would be "No Big Deal".

As we discussed his case it became abundantly clear that the client had assets that could not be protected in a Chapter 7 liquidation. The client did not want to put this property in jeopardy because the property was family property. Therefore we discussed putting the client into a low payment Chapter 13 to protect the property.

This client once again brought a disturbing trend to my attention. For some reason many bankruptcy attorneys in Michigan are becoming too specialized. They are only handling Chapter 7 OR Chapter 13 cases. The problem with this is that when an attorney only handles and only has knowledge about Chapter 7 cases and a client walks in the door, many of these attorneys are trying to fit a Chapter 13 client into a Chapter 7 hole so that they can gain another client. They have forgotten the fact that as lawyers we are hear to help the public, not line our pockets.

The bottom line is if you hear the term "No Big Deal" you should run away and find an attorney who can explain to you exactly what the risks are and let you decide what the best course of action is after you have received the best legal ADVICE available.