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  FAQ’s (Frequently Asked Questions)

1. I’m in serious debt. Is there anything I can do short of filing bankruptcy?
2. I’ve heard they come in and clean you out and that you can never buy anything on credit again as long as you live. Is that right?
3. How long does it take to rebuild credit?
4. How much does a bankruptcy cost?
5. I’ve done some price-shopping and find that Initial Conference fees and retainers vary from office to office. Why? Isn’t a bankruptcy a bankruptcy regardless of who does it?
6. How long does a bankruptcy take?
7. What about confidentiality? I don’t want this all over town.
8. Bankruptcy may be legal, but isn’t it immoral?
9. What is the Initial Conference? What comes next?
10. I don’t want to file on all my debts; just certain ones. Can I do that?
11. Can I go ahead and pay some of these discharged debts after the bankruptcy if I want to?
12. I don’t want to file bankruptcy but I don’t see any other alternative. Am I unusual? Do any of your clients really want to file??
13. I live in Eastern Washington, not in Idaho. Can I still file through your office?

1. I’m in serious debt. Is there anything I can do short of filing bankruptcy?

2. I’ve heard they come in and clean you out and that you can never buy anything on credit again as long as you live. Is that right?

    Answer: No. There is a lot of misinformation going around about bankruptcy. Some of it is from well-meaning but ignorant friends and relatives and some of it is knowingly misleading information given by unscrupulous bill collectors and creditors. Take your legal advice from your lawyer, not from your creditors!

    One client recently insisted some misinformation was correct even though I assured him it was nonsense. Turns out his source was his bartender. He knew because he filed bankruptcy himself twenty years ago in Nevada. Ken made a deal with the bartenders’ union. Ken doesn’t serve drinks and the bartenders don’t give out accurate legal advice.

3. How long does it take to rebuild credit?

    Answer: This depends pretty much on you and how you handle things following a bankruptcy. Here are my views on the subject, for what they are worth.

    Generally, prospective creditors look at three things (the ‘three C’s” of credit) when they consider an applicant for credit. One is capacity: do you have the earning capacity to repay the loan. If you make enough disposable income (income left over after paying the monthly bills) to afford the payment , you pass this test. The second “C” is collateral: do you have any property to put for security (‘collateral’) for the loan? If you are applying for a loan to finance a purchase, the property being bought is usually sufficient collateral. If your credit is good enough, some lenders will loan money on just your signature --no collateral needed. The third is character. Does your credit history reflect that you are a person who does pay his or her debts assuming you have the money to do so?

    To rebuild your credit after a bankruptcy filing, you need to pay attention to these three “C’s” of credit. (1) Be sure you are earning enough to afford the payments you propose to make. (2) Offer the vehicle, TV set, or whatever you are buying on credit as collateral. And (3) rebuild your credit history. This is not always easy but here is one way to do it. After the bankruptcy has been filed, go out of your way every month to use credit in some small way. For example, if you are buying a prescription, find a pharmacy that will let you open a 30-day charge account and charge your purchases. Don’t buy things you don’t need just to use credit, but do try to find someplace each month where you can charge something that you are going to buy anyway. The whole point of this is to create an opportunity to pay a bill promptly and then do so. These prompt payments will be reported to credit-monitoring agencies. Also, keep a record of the places where you have charged and paid promptly. Later, when you are ready to apply for a car loan or something of the sort, you will have a list of credit references to offer on the application. Also, the credit bureau will likely have a post-bankruptcy credit record on you that is favorable and the prospective creditor can see that when you have the money you do pay your debts. Another approach is to get yourself a secured credit card at a bank or a credit union. Many banks and credit unions offer them. You can find them advertised on TV, in magazines, and on the radio. It works like this. You open a savings account with a deposit of about $200 or $300. The account is blocked and that money serves as collateral for the VISA, Mastercard, or Discover card they issue you. The card will initially have the same credit limit as the balance in the blocked savings account. As you use the card and build up a record of prompt payments on the account over the next six to twelve months, you will likely find that the bank will start raising the card’s credit limit beyond the amount on deposit. At some point down the road, they might even release the block on the savings account altogether. (Now you know that your credit is on the mend.)

    My advice is to stick with credit unions where possible. Credit unions are member-owned cooperatives. I personally feel that consumer financing belongs at your local credit union. Often, their lending policies will be the most liberal and their interest rates the lowest. Banks are next in preference with finance companies last because of the higher interest rates they often charge.

4. How much does a bankruptcy cost?

5. I’ve done some price shopping and find that Initial Conference fees and retainers vary from office to office. Why?

    Answer: Price-shopping is great for deciding where to buy a standard item from competing suppliers but it’s no way to find an attorney, doctor, or other provider of personal professional services. A can of any popular brand of soft drink will be the same regardless of where you buy it ---the price will be the only difference. However, different law offices operate under different basic philosophies. The service they render varies widely according to those philosophies. Some offices “find ‘em, file ‘em, and forget ‘em” while others stay with a proceeding from filing to closure.

    So far as I know, we are the only office (in the region, at least) offering a serious, in-depth analysis of your circumstances before filing. We don’t merely screen you for eligibility with a short phone or office conference and then encourage you to file. As evidenced by our support of this website and our thorough Initial Conference, we go to great lengths to educate our prospective clients about the legal proceeding they contemplate. We follow through with protective and informative measures during the proceeding. We begin with an Initial Conference with each prospective new client that may take anywhere from an hour to an hour and a half. This puts you in the best possible position to make an informed choice as to whether or not to file and whether or not you want to file with us. We do not hesitate to recommend a non-bankruptcy alternative (Consumer Credit Counseling of Northern Idaho, Inc., being the main one in this area) should that appear to be viable in any particular case.

    Bradee and Tracy are experienced paralegals, trained and supervised by Ken. Bradee has been here ten years and Tracy more than six. So long as things go along routinely and as planned, they handle the day-to-day administration of the case. The paralegals do everything within reason to make sure your case goes through as smoothly as possible, including reminders of important deadlines by mail and telephone. However, If anything develops that may require the attention of an attorney, the case lands on Ken’s desk.

    My basic advice is to insist on a person-to-person in-office conference with the attorney whom you are considering hiring for bankruptcy or any legal matter. (A ten-minute telephone or other initial conference just isn’t the same. No attorney can adequately analyze your affairs and advise you as to your options in such a short and impersonal conference.) Get your questions answered, understand how the proposed filing will work in your case, and make sure you are comfortable with that attorney and that you feel you can trust and cooperate with him or her.

    However, if you would like to just ask a question or two of Ken before committing the time and money for our Initial Conference, give us a call and we will try to accommodate you if time permits.

    Finally, consider the old adage: you get what you pay for.

6. How long does a bankruptcy take?

7. What about confidentiality? I don’t want this all over town!

    Answer: Attorney-client confidentiality is not only a very long tradition in the legal profession ---it is the law. Unfortunately, the Lewiston Tribune thinks people’s personal financial problems are newsworthy and publishes a list of filers each month in our local five-county area.

    On the other hand, it is well to remember that in this democracy, most court records and proceedings are public. This means any one can go to the court clerk’s office in Boise or work the court’s webpage to see the documents filed in any particular case

8. Bankruptcy may be legal, but isn’t it immoral?

9. What is your Initial Conference? What is the Forms Conference?

    Answer: The Initial Conference is your first visit to our office. Ken reviews and analyzes the facts of your case with you. He makes recommendations as to which program or programs (called ‘chapters’) of the Bankruptcy Code might be appropriate for your circumstances and explains in some detail how it would work in your case. This usually takes about an hour to and hour-and-a-half and you leave with a copy of our analysis, recommendation, a fee quotation, and your questions answered. If you are interested in going further, you are given a Checklist of information and documents to bring with you to the next meeting. You will also be given a three-part inventory form to fill out. Part A is detailed information on the chapter or program which is appropriate to your circumstances; Part B is an inventory of your personal property (furniture, appliances, etc.); and Part C is a list of any property belonging to others which is in your possession. We need the Part B information to place protective ‘exemptions’ on property. We use the Part C information to protect property of other people which is in your possession. (This will be explained in more detail at the Initial Conference.) When you have all the needed materials together, you can then call the office and schedule the Forms Conference. That is when we go over the court’s Official Forms and process the material you have brought with you.

    We strongly prefer that in the case of a married couple, both husband and wife come in for the Initial Conference if at all possible. We have found that when only the husband or the wife comes in we are usually asked to go through it all again with the other person and we end up spending twice the time it should take. We will repeat the session but there will be a charge of $60 made for this. Only the first Initial Conference is free. In any event, I must meet and speak with both husband and wife at some point before I can file a case.

10. I don’t want to file on all my debts; just certain ones. Can I do that?

    Answer: No. There is no such thing as a ‘medical’ bankruptcy or a partial bankruptcy of any kind. You file a personal petition and you must list all claims against you and all property. However, the flexibility you want can usually be obtained by selecting the right chapter (program) of the Bankruptcy Code and in the careful classification of property and claims in your petition and schedules.

11. Can I go ahead and pay some of these discharged debts after the bankruptcy if I want to?

12. I don’t want to file bankruptcy but I don’t see any other alternative. Am I unusual? Do any of your clients really want to file?

    Answer: No. In over a quarter-century of practice before the United States Bankruptcy Court for the District of Idaho, I have yet to find one client who really wanted to file. This is not something you do lightly. It’s serious business but it does have its place. Think of it as surgical operation. Nobody looks forward to that but if done correctly, at the right time, and in the right circumstances, it can give you a new lease on life --- a “fresh start” as Congress calls it.

13. I live in Eastern Washington, not in Idaho. Can I still file through your office?

    Answer: Maybe. We practice only in the United States Bankruptcy Court for the District of Idaho, and mainly only in that court’s Moscow Division. Occasionally I take a case in the Coeur d’Alene Division but not very often. If you reside in the county of Idaho, Lewis, Nez Perce, Latah, or Clearwater, you probably qualify.

    Idaho residents south of Idaho County (i.e., Valley County and points south) are best served by local counsel in other cities such as Boise or Pocatello. Eastern Washington residents ordinarily must file in Spokane but we can represent them in limited circumstances (such as if their major assets are in this state, or, if they are in business, their principal place of business is in Idaho),

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