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Bankruptcy: The "B" word and why we're all using it now.


Up until recently the “B” word was like a swear word. It was something that rolled off our tongues in light hearted commentary and gripes about our spouses, kids, friends and families spending habits. Commentary like “My wife, kid, (fill in the blank) is going to drive me into bankruptcy”.  We all said it with a smile and chuckle wholly assured that it simply could not happen to us. The “B” word only happened to other people. Like disasters that happened to people in foreign lands. That is because Bankruptcy was thought of as a disaster. A personal disaster. Something that was bad, and debilitating. The death or crippling of our financial existence and honor.

We looked askew at those afflicted. Not like we look at sick children who lay in bed through no fault of their own. But more like we look at heavy smokers who contract lung cancer. The bad look. The “you caused your own problem so live with it” look. And in the “old days” (prior to 2005) there was some justification for that look. Yes, there were people that spent like “wild men” (and women), living over their means and got out of paying by using bankruptcy. But even then there were more people who -like the bedridden children- came into their financial misfortune through no fault of their own; through medical crisis, through theft and fraud (usually committed by close family members or friends), through identity theft, through unanticipated tax assessments by all levels of government, through frivolous lawsuits that went unanswered due to fear and through failed business’ related to unforeseen technological or economic events to name but a few. Bankruptcy still was not that common and, therefore -rightly or wrongly- carried with it a stigma.

            However, now is a different time than prior to 2005. I use prior to 2005 as the “old days” because that is the year congress heavily tightened up the bankruptcy laws to make filing harder.  The need to maintain financial and psychological survival- to protect one’s children and family by resorting to one’s constitutional right to file bankruptcy- now transcends not only the middle class but also the upper classes. The people in the big fancy houses with the big fancy cars, jets and yachts are also filing (it happens so often the Discovery channel made a reality series about it called “Airplane Repo”).

      The reason why the “B” word has become main stream is simple. It works. It is the cheapest, fastest, surest way that a person can be relieved from their debt, keep their home, stop a garnishment, attachment, repossession, utility shut off, car repossession, license suspension, or lawsuit. It is the fastest way to regain your peace of mind and get a fresh start in life.

The reason it works so well is because that is what our founding fathers intended. Many people do not know this but bankruptcy is a fundamental, constitutional right. Article 1, Section 8, Clause 4 of the United States Constitution authorizes Congress to enact “Uniform Laws on the subject of Bankruptcies throughout the United States.” It provides that Congress shall enact bankruptcy laws to allow Americans to exercise their bankruptcy rights. The reason is simple. You cannot help the United States economy if you are financially pinned down.

So bankruptcy is your constitutional right. It is the patriotic duty of every citizen to use it if needed. It helps the person. It helps our country. It helps the family. A financially distressed home can become dysfunctional due to worry and stress. This hurts the family unit. Therefore, bankruptcy (if needed) is not only an act of responsibility to one’s family, spouse and children but it is also an act of love toward them.

The “B” word used to have a stigma. The stigma, however, has faded. We live in troubled times. There are many things over which we are powerless: Financial distress is not one. Bankruptcy is good. The people who disagree have not experienced the fear of not knowing where their next month’s mortgage payment or rent is going to come from; they have not felt the panic of not knowing if they can feed or clothe their children tomorrow or next week or next month; they probably have not been harassed daily by bill collectors, been sued or fear picking up the phone or looking in their mailbox; they have not felt like a failure, or “less than a man”, or “a loser” because they were unable to pay their bills or feed their family or had to borrow money or take charity from others to just get by; these armchair critics probably do not dread waking up after they finally fell asleep at four in the morning because they are consumed by the terror of financial distress.

Anyone who disparages or criticizes another for filing bankruptcy is ignorant, insensitive and arrogant. They should remind themselves of the old saying “there but for the grace of God go I.” Financial destruction can occur in the blink of an eye to anyone. It is like a fatal car crash. It happens fast. Bankruptcy is a tool established by the Constitution for financial survival of Americans. It often is the only means by which one can regain peace of mind, protect their family and get back on their feet. It is a very good law and one of the few that actually make sense and can change people’s lives for the better fast and inexpensively. Use it if you need it. And use it proudly. It is your duty to your country, your family, and yourself. In America, everyone has a right to a fresh start! That is still one of the reasons we remain a great nation.


Robert  C. Biales


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​The Miracle of Bankruptcy

Unfortunately, we are in times of high unemployment. Unemployment or under employment almost always plays a role in causing people to file for bankruptcy protection. And it is no wonder. Bankruptcy is the most affordable, fastest working, constitutionally backed legal mechanism available for Americans in financial trouble. Most importantly, bankruptcy offers powerful protections to people that cannot be had in any other way. Some of those protections are as follows:

1.) Protection of Assets: Once a bankruptcy is filed the Court protects many assets from being taken. It also prevents garnishment of wages. In almost all cases we are able to keep a person in their home, keep their cars, and all of their personal belongings to name just a few of the benefits.

2.) Protection from Creditors: Once your bankruptcy is filed, you receive a legal protection called an Automatic Stay. This “stay” prevents creditors and debt collectors from making contact with or trying to collect money from you. The automatic stay will stop foreclosure, lawsuits, wage garnishments, vehicle repossession, utility shut off, license suspensions for uninsured accident damage to another motor vehicle and more.

3.) Discharge of Debt: Upon completion of the bankruptcy your debt is eliminated and does not ever have to be paid back.

4.) Time to catch up on Payment: In many cases bankruptcy filers get a chance to catch up on payments that are overdue on your home, car, or other assets.

5.) Re-build Your Credit: Bankruptcy clears up and resolves your debt, judgments, delinquencies, foreclosure and other bad marks on your credit rating and gives you a “fresh slate” upon which to re-build your credit. It also prevents creditors from coming after you years down the line for debts that are labeled “write offs” or “charge offs” by the bank on your credit report but that, unknown to most, are still collectible.

6.) It Works Fast: We are able to stop creditor harassment, lawsuits, foreclosures, garnishments, repossessions and a whole lot of other problems FAST with bankruptcy. Bankruptcy is not like applying for a bank loan. It moves fast. The protections discussed can be used the same day we file. Some of these protections like stopping harassing phone calls are available immediately upon giving us money down for representation.

Bankruptcy is about having peace of mind and relief now but it is also about financial planning for the future. It is about re-establishing credit, keeping the lion’s share of your property and resolving all of your current debt and bad marks on your record so that you will be in good financial standing in a few years. It is about a fresh start. Everyone deserves a fresh start.

Even though a bankruptcy is technically public record, the fact that you are filing bankruptcy will only be known by a few people who you probably will never even come in contact with- let alone know. It is not published in the local newspapers. The truth is that no one really cares whether you file bankruptcy any way. They are too concerned with their own problems.

I have often stated that bankruptcy is an act of love to yourself and your family. You do not need to live in fear of debt collectors, lawsuits, losing your home or any of the other dreaded consequences of financial problems. We cannot cure your cancer but we can cure your debt problems. We can help you regain your peace of mind. It is important to remind yourself that financial problems are temporary. They come and they go. Your health is permanent. Do not allow yourself to lose your permanent health over your temporary financial problems.

Biales Delchin offers to start bankruptcy protection and stop bill collector harassment for only three hundred dollars down. If you think Bankruptcy might be able to help you, please call us for a free, no obligation consultation.

Robert C. Biales