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Does the thought of filing bankruptcy make your stomach turn?

I never get past a work week without a potential new client telling me that they despise the very thought of having to file bankruptcy. Many of my clients feel that declaring bankruptcy is somehow wrong or that they are a lesser person for filing. I can give you my best advice, but at the end of the day, you are the one left making the final decision.

If you are considering, but fighting that knot in your stomach, here’s some food for thought:

-First, are you so far behind that you will never get ahead?

Often times, a person can benefit their community by filing. This may sound odd to you, but filing bankruptcy allows you to start over. This means no more court dates, no more garnishments, no more creditors wasting their time on a debt that they will never collect on. A fresh start allows you to pay your bills on time, stay out of Court, and begin contributing again in a more positive way.

-Second, have you exercised every option?

As you will be advised by every good bankruptcy attorney, there are several approaches to addressing your debt. Many of my clients have paid their bills consistently over the years, but have been faced with life changes that have made it impossible to pay their debt. I always discuss potential options with my clients. For example, debt consolidation or credit card payment negotiation could be options if you have cash flow and your debt is manageable. Many clients that come to see me are beyond the repair debt consolidation/debt negotiation can offer.

-Third, do you know your options?

Many of my clients are nervous simply because they don’t know or understand what their options are once they file a Chapter 7 or Chapter 13 bankruptcy. My job is to explain the consequences and outcomes of filing bankruptcy. This tends to ease client’s concerns about filing.

-Fourth, is your debt affecting your home life?

As a mother of all boys, I know how frustrating life itself can be. Answering call after call from creditors, being served with a complaint, or facing garnishment of your wages only compounds an already stressful life. The stress of being unable to pay your bills can be extremely overwhelming. It can affect the quality of your home and work life. It can also be a great stressor on your overall health. Several clients that were weary of filing have reported a huge increase in the quality of their life after filing bankruptcy.

In sum, my job is to be understanding and caring about your financial circumstances. In fact, that is the entire reason I wrote this post. I care about my clients and do my best to help them in any way possible.

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What kind of parenting time will the court grant me?

Are you worried about what kind of parenting time the court will order? If you and your spouse cannot reach an agreement about how to share the physical care of your children, a court will decide for you.

Many clients want an equal parenting time schedule, but are concerned that the court will order an every other weekend schedule. This type of schedule could be ordered, but it won’t necessarily be what is ordered for you.

There are many factors that the court takes into account when deciding what kind of parenting time each parent should have. Some of these factors include:

-Who has spent more time with child(ren) traditionally

-The age of the child(ren)

-Schedules of both parents and schedules of the child(ren)

-How well the parents can communicate

-Whether there has been domestic violence

-What schedule has been exercised since the filing of the Petition

-The stability of each parent at their respective households

My job as an attorney is to provide the court with testimony and exhibits regarding parenting time. The information I provide will show the court that you should have the parenting time you are requesting (as long as your request is reasonable).

At all times, your main concern should be about the best interests of your child(ren). Sometimes emotions get in the way of seeing what is best for your child(ren). My job is to help you evaluate this objectively and determine what kind of parenting time we should request. If you determine, after consultation, that it is in the child(ren)’s best interests to spend fifty percent of the time with their Mother/Father, then that is what you should request. If the child(ren) will be better suited by living with you the majority of the time, then that is what I will represent to the court.

Each case is different and unique. What is good for one parent may not be good for another. This blog in no way should be considered legal advice. Schedule a consult today so that we may discuss your parenting time issues.