| A bankruptcy credit counseling session
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"Income?" she asks. "Where are you
employed? ... What are you paid, weekly, biweekly? ... What is your
gross biweekly income? ... What is an average of your take-home
pay?"
She puts the numbers into the database
as the caller momentarily pauses, contemplates an estimate and provides
a figure. Damian asks her client more questions. "Are there
any other debts? ... Debts jointly owned? ... Let's go into your
budget, marital status? ... Do you have a dependent? ... Are you
renting? Are you current? ... Have you filed in the past? ... How
much is your rent each month on average? ... Anything in storage?
... Do you have renters insurance? ... Any life insurance, medical
out-of-pocket expense ... Car payments? How much do you still owe
on that vehicle?"
Damian stops typing when she hears that her client
does not have car insurance. She suggests that he look into getting
the insurance and warns that the lender could force insurance on
him and most likely would not take the time to find the cheapest
policy.
She continues with her questions: "Do you have
a cell phone? ... Groceries, which will include personal items plus
pet food? ... Gas and maintenance for vehicle? ... Do you have any
out-of-pocket expenses? ... How much do you pay for child support?
... Prescriptions, medical? ... Contributions? ... Student Loans?
... Do you have expenses for the Laundromat, cleaners? ... Replacing
articles of clothing? ... Barber shop? ... Personal expenses? Tobacco?
... Recreation, clubs, entertainment? Member of a gym? ... Gift
giving? ... Subscriptions to books, magazines? ... Monthly service,
bank fees? ... Vet expenses for a pet?"
She slows down her questions as she wraps up the budget
analysis. "Anything else on your basic expenses that I may
have overlooked?"
Damian then reviews the budget.
"There's a shortage here based on your personal
living expenses. Let's review your credit report." The client's
Equifax credit report is downloaded onto the computer. Damian examines
his credit score and revolving accounts. She notices that the client
managed to keep his credit cards current and proceeds to review
the cards one by one.
"Let's go into your debt and see how the creditor
can work with you. Let's see interest rate? ... What's the minimum
payment?"
Damian studies the car loan account, the one that
got the client in trouble in the first place.
"Have they tried to work with you on a repayment
plan?" The caller says he contacted the company to work out
a repayment plan but they responded with a summons for him to go
to court.
The client's inability to reach some sort of a payment
agreement is an issue that concerns bankruptcy attorney Deirdre
Sullivan of Kagen, MacDonald and France P.C. in York, Pa. Sullivan
says debtors she has worked with have tried to work out a deal with
their creditors prior to seeking legal assistance.
"Most of them find that the creditors are unwilling
to work with them unless they have a large lump sum of cash available
to make a substantial payment," she says.
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