In “Rich Famous, and Stars of Prime Time”, a recent U.S. News and World Report discussed Oprah’s success and quotes Oprah herself: “If there’s a thread running through each show we do, it’s that ‘You are not alone’.” Reporter Amy Bernstein comments, “It is OK for Oprah’s viewers …to share their pain with her and to divulge their weaknesses because there is nothing she has not seen…”

As a bankruptcy attorney in Indiana for almost twenty five years, I hope to bring that same message to my bankruptcy clients and blog readers.  It’s absolutely true – it’s OK to share your pain and divulge your weaknesses because there’s nothing (at least it seems that way to me) I have not seen or heard in the area of finances and debts and the legal issues surrounding debts.  I like to say I’m in the “fresh start” business, helping my clients  focus on the future, on “What’s next?”, instead of focusing on regrets about the past.  And, whether it’s about foreclosure issues, or car repossession, individual bankruptcy, small business bankruptcy, or student loan debt, the message is the same – let’s focus on the “now” and on the future.

The magazine story says that “For Oprah, Martha, and the Donald, their first names are enough.”   Well, I know that even both names of Mark Zuckerberg aren’t enough for instant worldwide recognition, but that’s just fine.  My professional life is devoted to working at bankruptcy court and counseling tens of thousands of people in my offices around the state of Indiana, very far from the Silver Screen and the Golden Stage.  But my messages – they’re right up there along with Oprah’s:  “YOU ARE NOT ALONE.” And “THERE IS HELP’. 

There's More To Filing Bankruptcy Than Filling Out Forms

Many people have the mistaken idea that all that's needed to file bankruptcy is filling out a bunch of forms, paying a fee, and submitting the paperwork to the court.  Sounds simple and cost-saving, doesn't it?  Unfortunately, that description is very far from the realities of the bankruptcy world.  Now, since I'm a bankruptcy attorney in Indiana, you might say, "Well, sure Zuckerberg would say you need an attorney to help file bankruptcy!"

There's a feature story in Marketplace Money about one U.S. bankruptcy court that was so concerned about the mistakes debtors were making when they filed without using an attorney, it created a special position for a clerk to help people not represented by counsel.  This clerk, when interviewed for the story, expressed her frustration.  Since, even though she works for the court, she is not allowed to give legal advice, much of her time is spent trying to persuade petitioners to hire an attorney to help them.

Does the law require you to have an attorney?  Not at all!  You can even find the forms you need online.  Keep in mind, though, there's an awful lot to the process - the timing of the different steps, the requirements, the terminology.  People filing bankruptcy are already under quite a bit of stress.  It's hardly the time for them to get educated in a complex area of the law, especially when mistakes can have such serious results!

I often tell people who ask me whether they should try to file on their own: "You could do your own open heart surgery - but would you?"