| The emotional toll of a bankruptcy |
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In addition, she says a mental illness may also be
relevant to intent, "such as whether a debtor intentionally
left assets out of his schedules, or simply was unable to thoroughly
list his assets and liabilities due to impaired mental health."
But, McAfee warns most courts require expert testimony
to demonstrate the effect of the mental illness. She says the U.S.
District Court, Eastern District of North Carolina has a panel of
mental-health professionals who have volunteered to do mental-health
evaluations of debtors free of charge, since most can't afford an
expert witness.
The mental-health professionals also present a report
to the court. "For example, in a student loan case, the report
might indicate whether the debtor is employable, what type of work
he or she can do, how long he or she is likely to be able to do
this work, whether the debtor may be able to obtain greater employment
in the future and whether this individual is likely to respond to
pharmaceutical treatment or therapy," says McAfee.
The court also provides a brochure called, "I
feel like I want to jump out that window: financial difficulty and
mental health." The brochure helps people identify whether
they have a mental-health issue. It describes mental disorders and
addictions, the symptoms, and where to find help.
Bankruptcy attorneys and psychologists offer this
advice on surviving this traumatic time in life:
Learn from the experience: Make acceptance
your ultimate goal, and move forward by taking responsibility. "If
they have a role, they should accept the role that they played.
Face that, and confront that," says Charlesworth.
Get trained psychologists for your troubled marriage:
Psychologist say attorneys are used too often to express anger and
to beat up on the other spouse emotionally or financially. Get a
trained psychologist, and determine whether you're doing marriage
therapy or divorce counseling.
"The difference is that in divorce counseling
one of the parties knows they don't want to make the marriage work.
They want a break, and they want it in a healthy way. Marriage therapy
is: We're struggling but we want to make it work. They're truly
seeking a marriage therapy," says Charlesworth.
Recognize the relationship between financial difficulties and
anxiety and stress: Take advantage of resources within your
community.
Take care of your body: Continue to exercise,
enjoy recreational activities and play. Learn to relax and rest.
Laugh! Have a sense of humor: "Positive emotions lead
to a positive physical health and positive immune function,"
says Charlesworth.
Establish a healthy belief system: Self-help books are plentiful
and can restore beliefs.
Get a life: Have a social life and spiritual
life. Look for organizations in your community that have social
contacts and share your values.
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