| A bankruptcy credit counseling session
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Glenda White, bankruptcy counseling
manager at the Central Florida office, has found that the new bankruptcy
law is confusing for most clients.
"As an example, we have recently
counseled a client who previously went to see an attorney on a pending
mortgage foreclosure action," White says. "The client
didn't understand the need to receive counseling and waited until
the day before their home was going to be sold by public sale."
Last-minute actions, such as a foreclosure, are when
counselors tend to see debtors the most stressed. This tension is
also seen among senior citizens on fixed incomes. These individuals
often face a sudden health setback that causes them to rely on credit
cards to pay for their medical expenses.
"A lot of seniors can get by on a little amount
of money, but health-care costs can wreak havoc on their budget,"
says Schram.
White says she has also noticed that in many instances
the client's main goal is to get the counseling
session behind them, and many clients have opted to use paralegals
to cut down on costs.
"Paralegals usually only complete the paperwork
side of filing for bankruptcy."
Either way, counseling officials say, too often debtors
wait until the last minute to visit
a counseling agency to deal with their debt. Consumers are advised
to pay close attention to circumstances that may lead them to bankruptcy,
such as trouble making the minimum payments, living paycheck to
paycheck and using credit cards to pay for basic living expenses.
Counselors suggest that upon noticing these signs, debtors should
not wait, but seek help right away.
"We find that one of the reasons people wait the longest is
avoidance of reality. People keep thinking that it's going to get
better, that there's always hope," says Schram. "I think
the reason people do that is that they don't realize the seriousness
of the situation until some type of action is filed against them.
Usually what drives them to bankruptcy counseling is they receive
a threatening call from a creditor or a legal notice."
White attributes the avoidance to embarrassment, lack
of understanding, not being informed and "that little ray of
hope that they have that by some miracle they'll win the lottery.
"A lot of peoples' motive to do something about
the debt and receive counseling is panic. From years of doing this,
a lot of people feel they will have to go to jail for credit card
debt. Some people have that misconception," says White.
"We let them know that there's no debtor prison,
we did away with that 300 years ago," Schram says.
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