Los Angeles Bankruptcy Law Monitor : Los Angeles Bankruptcy Lawyer & Attorney : Christine Wilton Law Firm : Southern California Chapter 13 & Chapter 7 Bankruptcy, Foreclosure

We have a serious issue here in the Central District with the BPP ["Bankruptcy Petition Preparer"].  The Central District of California has more than 25% of the entire nation's Pro Se Debtors, which are Debtors that file their bankruptcy case without an attorney.  That's a whopping 38,667 cases filed without an attorney.  This volume of self-represented parties in bankruptcy has a significant impact on judicial resources and access to justice for all in bankruptcy.  Extra time is required of the court's clerks, judges and attorneys to provide assistance and correct errors when these self-represented parties make mistakes in their papers.  A significant portion of these Debtors seek the assistance of a Bankruptcy Petition Preparer, The BPP.  Problems can and do occur when Consumers use non-lawyers to assist them.  You may be saving money now, but might need to hire an attorney later to fix mistakes if you hire the wrong BPP.  Last week, I posted a warning in, Attention Debtors Without an Attorney, and provided important information on where to get help for FREE.

11 U.S.C. Section 110 provides for penalties for persons who negligently or fraudulently prepare bankruptcy petitions.  The bankruptcy courts are now tracking BPPs and prohibiting those that frequently make mistakes from filing cases within the district.  The most common mistakes made by the BPP is the wrong exemptions are used to protect assets of the debtors from being taken by the Trustee.  So, when you hear horror stories of someone who filed bankruptcy and the trustee took their property to pay creditors, it could be they hired someone who incorrectly applied exemptions and the Debtor suffered the consequences.  This usually can be corrected, and this a good reason to hire an attorney from the beginning of your case.

Remember that a BPP cannot give you legal advice or tell you which set of exemptions to use in preparing your bankruptcy case and, if they do, they are engaging in the practice of law without a license to do so.  Cal. Bus. & Prof Code Sections 6125-6128 define what constitutes the practice of law and persons authorized. There is no substitute for proper advice from an attorney.  I cannot emphasize enough that many of our local practitioners will provide a FREE consultation to help you choose whether to file bankruptcy, if so, which Chapter to file under and what you can expect from the bankruptcy process.  Only a licensed attorney can provide such advice. 

There is help if you've been defrauded by a BPP.  We have fee shifting remedies where the fees paid can be diverted to the attorney you retain to correct the BPP's mistakes under 11 U.S.C. Sections 523, 526 and 110.  It's important to cooperate with the attorney and sign a declaration that states the problems you've had and why you had to hire an attorney.  Then, be sure to attend the hearing on that matter and explain the situation to the judge.  This will help you obtain the assistance from this attorney, perhaps without any additional money being paid out of pocket for the much needed service. 

Other B Words in the Bankruptcy Alphabet: Beware of These Credit Card Offers, Bar Date, and Bank Account Levy.

Photo Credit: Leo Reynolds

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New data from the Central District of California was posted on Prof. Jonathon Hayes, Bankruptcy Prof. Blog:

• Pro per filings for the Jan through Sept, 2011 period were 28.3% of the total.  The national average is 7.9%. 
• The central district clerk's office processes one bankruptcy petition every 3 minutes, 44 seconds. 
• The next highest number of filings after the central district is the middle district of Florida.  The C.D. Cal has 146% more filing than M.D. Fl. 
• The central district expects 141,000 filings this year, up from 109,000 in 2009, and 66,000 in 2008.  

From the looks of those numbers above, we have a large population of debtors filing bankruptcy without an attorney.  I wonder if people are just trying to save what little money they have left, or do they just think filing bankruptcy is little more than filling out forms anyway, so you don't need a lawyer?  I know it's hard to pass that freeway billboard that says, "Bankruptcy $799."  However, if you read the fine print, even though it shows a man's picture and has the name of a law firm, it says that hiring the attorney will cost more.  I find advertising like that to be misleading the public.

The Office of the United States Trustee for the Central District of California has placed informational fliers inside the courtrooms in Los Angeles, warning debtors without attorneys that some debtors have been victimized by unscrupulous practices on the part of those who assisted them in preparing their bankruptcy petitions.

FEDERAL LAW REQUIRES: all non-lawyers who assist debtors in the preparations of bankruptcy petitions to: (1) sign the bankruptcy documents; (2) provide their names, addresses and social security numbers; (3) have debtors review all documents before they are signed; and (4) disclose any fees they have paid or are still owed.  Remember that only a licensed attorney can answer your legal questions that includes help with properly completing the petition, schedules and bankruptcy papers, which set of exemptions to use, etc.

There is a Bankruptcy Self-Help Desk located at the Federal Building, 300 N. Los Angeles Street, 1st Floor, Los Angeles, CA 90012 on Mondays and Wednesdays from 10:00 a.m. to Noon and from 2:00 p.m. to 4:00 p.m., except for court holidays.  The Self-Help desk can provide information about Chapter 7, Chapter 13, bankruptcy forms and access to reference material and more importantly, referrals for additional legal assistance.  Income eligible individuals can apply to attend the Chapter 7 Bankruptcy Self-Help Clinic. This project is sponsored by Public Counsel, Central District Consumer Bankruptcy Attorneys Association ("CDCBAA"), and the Los Angeles County Bar Association Commercial Law & Bankruptcy Debtor Assistance Project Subcommittee.

If you simply cannot afford an attorney, FREE legal help may be available to you.  For more information, contact Public Counsel's Debtor Assistance Project Hotline: 213-385-2977, ext. 704.  Some of our local bankruptcy practitioners will also offer their services on a low or pro bono basis. Hiring a competent lawyer is worth their price so your case moves smoothly through the bankruptcy process and you're not faced with losing your discharge, an inquiry from the U.S. Department of Justice, or countless hours in trying to correct errors in your bankruptcy papers.

Photo Credit: Eversheds, LLP.

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Many Consumer Debtors have a difficult time understanding how their attorney gets paid in a Chapter 13 case. So, today I want to discuss what is called an Application for Compensation. When you first meet with your attorney to retain them to represent you in your Chapter 13 Bankruptcy case, you are retaining that lawyer for a period of three to five years depending upon the length of your case.  You are also retaining them to not only manage the underlying case, but to provide ongoing counsel to you, and provide additional services that may give rise to their filing an application for compensation with the court in your case.

Here in the Central District of California, attorneys will enter into a fee agreement with their clients and most will also enter into a Rights and Responsibilities Agreement or "RARA." However, the RARA is optional and some attorneys choose to charge only an hourly rate and will file an application for compensation with the court for managing the case from the start. The RARA will provide a flat fee arrangement with our clients for the work in preparing your case, filing with the court, representing you at your meeting of creditors, and your confirmation hearing.  There is a lot of work involved in managing a Chapter 13 case, which is why additional fees can be incurred for managing the case and filing required motions, etc.

The fee agreement and the RARA will outline how your attorney gets paid in your bankruptcy case.  Once your case is filed with the court, your counsel cannot collect their fees directly from you and must file an Application for Compensation with the court, which is a motion. If you receive a letter and invoice from your attorney, it should state that it was submitted in conjunction with a Supplemental Fee Application and filed with the court.  You MUST read and review the information because you have only 20 days to OBJECT to the fees your attorney is asking for.  If you object, you must notify your assigned Chapter 13 Trustee.  If you do not object, the trustee still may object.  The judge assigned to your case will always get the final say in whether your attorney is entitled to the amount they seek. It's important to understand how your attorney is compensated for all the hard work they put in on your behalf so that you're not caught off guard when you see their application for compensation.

Once approved, the Chapter 13 Trustee will pay your attorney from the money you pay into your Chapter 13 Plan.  Your Plan payment will not be impacted by additional fees being sought by your attorney, if you are paying some money to your unsecured creditors.  Remember to call your attorney with questions or concerns you may have about your case.

Photo by:  Leo Reynolds

Learn more about the Bankruptcy Alphabet with Consumer Bankruptcy attorneys throughout the country.  Other Lawyers Playing the Alphabet Game with the Letter A:

Abandonment, Abuse, Adversary Proceeding, Asset, Alimony, Arrest, Ask, Assumption, Attorney, Automatic Stay, and Avoidance.

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Each year I gaze once again into my crystal ball of clarity and make my predictions for the economy and declare my bankruptcy trends for 2012.  Here's last year's trends, to refresh your memory. I continue to debunk the myth that bankruptcy is the last stop to financial freedom because the American people have been brainwashed into thinking bankruptcy is a dirty word. Bankruptcy filings for 2011 dropped 8% to 1,467,221, for the fiscal year ending September 30th, according to U.S. Courts. Here in the Central District of California, year-to-date through October, 2011 total filings were 115,717, down 3.9% from the same time, 2010. I predict these numbers will remain constant through the middle of next year with a spike toward the end of 2012 if the homeowners seeking short sales no longer get the tax waivers.

This year, Kamala D. Harris, California attorney general, broke from the herd of all 50 states because she was not satisfied with the settlement negotiations with the banksters for their participation in the housing bubble burst, foreclosure crisis and near collapse of our entire economy. I applaud her departure from what I would consider a "sweep the problem under the carpet" quick and dirty settlement. 

 Foreclosures have an impact on every aspect of our recovery. Until we solve the housing crisis our economy will continue to sputter.  In fact, I predict we have yet to see the peak of foreclosure season with the increasing so-called "shadow inventory," and variable loans that have yet to adjust.  Then, there is the amusing and confusing and ever-changing foreclosure process that forces me to continually advise my clients that I cannot tell them how long it will take for them to be removed from their home after foreclosure, let alone when the bank may foreclose.

I agree with this Goldman Sachs economic outlook that we will see higher unemployment. Don't get excited about the present decline because those that have gone back to work are not getting paid nearly enough.  Unemployment reports fail to include the underemployed part-time workers, those that have taken pay cuts and those that have simply left the job search to go back to school.

Okay, enough doom and gloom.  The bright point is that 2012 is an election year.  What do you mean you're not excited about an election cycle? Over at the Wall Street Journal, four financial advisers gave their opinions on the Markets for next year. They tell us that we've got political propaganda that will give us anxiety and an aging population that is sure to burden our health care system.  All of this means that bankruptcy filings will continue at the million filings annually mark as the middle class continues to be trampled on and forced into the lower class.  As more baby boomers look to retire, they too will be forced into bankruptcy because they haven't been able to pay off all their debts and probably still have yet to recover their retirement losses from the crash in 2008.

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What happens to the debts of a family member upon their death?  Generally, when you die, your debts will die with you, unless there is a co-signor on the loan.  Or, if there is a lien, such as a mortgage or car loan, the lenders have rights to the property and can take it back unless the surviving family members pay the debt.

The Wall Street Journal published this article recently, which details the unconscionable tactics that death collectors will employ to collect debts from the surviving family members.  Many are surviving widows who will likely pay, though they're not legally obligated to do so, just to make the phone calls stop. The reason we are likely to see an increase in this type of debt collection is,

"One thing isn't in dispute. Dwindling retirement savings, falling home values and high unemployment mean that more Americans are dying while still in debt, says Sally Hurme, an elder-law lawyer with AARP, an advocacy group for people 50 or older."

Don't be fooled into thinking that you're morally or legally obligated to pay the debts left behind when a family member dies.  Ask for the creditor to identify themselves and note the date, time and who called in a collections log.  Save the mailed notices in their envelopes and consult with a Debt Collection Lawyer in your area to determine whether you have a right to sue harassing debt collectors.

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How soon can we buy a home after bankruptcy?  This is a frequently asked question from my clients who are struggling to decide whether to fight to save their underwater mortgaged home, or simply walk away and come back into the market within a couple years.  What we are now seeing is a steady stream of buyers who went through the short sale process nearly two years ago, who have saved their money and now have 3-5% to buy again.

Home Ownership University posted FHA, Fannie and Freddie guidelines in their recent article. It is very important to consider your long term goals when making the financial decision to walk away from your present mortgage and start over.  If you are among those who want to re-enter the marketplace in the future, a short sale and/or bankruptcy is clearly a better option than a foreclosure.  Remember that time is of the essence because the safe harbor tax breaks will likely be ending in 2012.

Your credit score is also a factor here and you are wise to work with a reputable credit repair expert whether you decide to file bankruptcy or not because lenders are looking for a score if 640 or better for potential buyers.  If you have debts besides your mortgage, you should consider bankruptcy as an option.  Otherwise, if all you're dealing with is mortgage debt, then a short sale is right for you.

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So, what's this I am hearing lately about your credit score still being negatively impacted after bankruptcy.  Or, worse, if your spouse filed bankruptcy and your credit score is still showing all the debt that was discharged in bankruptcy.  Either way, a high credit score not only gets you lower interest rates, but shows potential employers that you're "credit worthy" so maybe they'll be more inclined to hire you.  So here's the skinny on the law that protects your FICO score.

The Fair Credit Reporting Act ("FCRA") is the federal law that in California is enforceable through our Unfair Deceptive Practices Act ("UDAP") statutes. Designed to promote accuracy and fairness in the files kept by Equifax, Transunion, and Experian, and other consumer reporting agencies.

YOUR RIGHTS:

1.  You Must Be Told if Information in Your File has Been Used Against You;

2.  You have a Right to Know What is in Your File;

3.  You have a Right to Ask for a Credit Score;

4.  You have the Right to Dispute Incomplete or Inaccurate Information;

5.  Consumer Reporting Agencies Must Correct or Delete Inaccurate, Incomplete, or Unverifiable Information, usually within 30 days;

6. Consumer Reporting Agencies Must Not Report outdated negative information;

7.  You Must Give Your Consent for Reports to be Provided to Employers

It is still possible to improve your credit score even if you've previously filed for bankruptcy. What is important is to manage your finances and stay out of trouble with debt.  If you need to make a major financial purchase, such as a house, you should work hard to be sure information contained in your credit report is accurate.  If not, you have a right to sue!

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     You've heard of the Fair Debt Collection Practices Act ("FDCPA").  Well, California has codified its own version under the Rosenthal Act found in California Civil Code Section 1788 et seq.  The California Fair Debt Collection Practices Act was adopted in 1977. It regulates the conduct of “debt collectors.” The California statute prohibits numerous deceptive, dishonest, unfair and unreasonable debt collection practices by debt collectors, and it also regulates the form and content of communications by collectors to debtors and others.

Your Rights In a Nutshell:

1.  The Debt Collector Must Disclose the Purpose of their Contact the First Time They Communicated with You;

2.  They Must Follow-up in Writing Soon After Their Contact with You; usually within 5 days;

3.  They Must Disclose Their Identity;

4.  You Have a Right To Dispute The Debt;

5.  You Have a Right To Stop the Communications;

6.  A collector cannot provide any information to any third party; nor can they contact you at unusual times or places, such as work;

7.  Debt Collectors cannot threaten criminal actions or physical threats of harm;

8.  They cannot make any misrepresentations as to their identity, the amount of debt or to whom the debt is owed; nor legal misrepresentations as to their limitations and your rights.

YOU HAVE A RIGHT TO SUE HARASSING DEBT COLLECTORS  that cross the line and violate the law. 

Here Are Some Important Steps You Can Take To Help Your Case:

• Save copies of all letters and notices from collection agencies.
• Save all phone messages and voice mails- this is very important!
• Make note of your conversations with these bill collectors.
• Call a consumer rights attorney to help you recover your damages.

     The law says that any debt collector who violates your rights may be made to pay you statutory damages of up to $1,000, actual damages, and attorney's fees and costs, if you win your FDCPA case.  You may be responsible for any other costs in your lawsuit.

     Most attorneys who practice in this area of law known as Consumer Protection Attorneys, will not take any fees up front to take your case and will only collect a fee in the event they are successful in obtaining a settlement on your behalf.  This is known as a contingency fee arrangement.

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Wow!  I just read Martin Andelman's blog post entitled, Our Future Hinges on Just ONE Thing and I'm blown away by the time, effort, detail and compassion he continually brings to the table when caring about the American Dream of home ownership.  We can no longer stand idly by and place blame on the "irresponsible homeowner" because the evidence is too compelling against the big banks who played the same tricks on us as they did when they caused the Great Depression of the 1930's.

Don't take my word for it, or Martin's, read the article and share it with as many people as your social network contains.  When We The People join to form a more perfect union, our united voices cannot be ignored.  Look at what happened with the recent Bank of America ATM fee.  As soon as we the people got busy telling everyone not to bank there, they changed their position. 

WE CAN MAKE A DIFFERENCE. 

We really can.

I'm happy to report that my engineer boyfriend has changed his position from blaming the irresponsible homeowner to supporting me in the fight against Big Banks!  Join us in the fight to stabilize our economy and keep Americans in their homes.  Illustration as borrowed from Mandelman Matters.

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On September 20, 2011 I was a speaker for Law Review CLE on the topic of Foreclosure Defense in Orange, California and again on November 10, 2011 in Riverside. My perspective is always from the bankruptcy side where we will file under Chapter 13 of the Bankruptcy Code to initially stop the foreclosure sale. The benefit to this strategy is, the moment the bankruptcy case is filed, the Debtor's mortgage becomes current and the Debtor will make up the mortgage arrears through trustee payments in their Chapter 13 Plan.

Many practitioners in attendance practice in state court's, and it was depressing to hear their state court hurdles of having to file bonds with the court that are prohibitive to the homeowners and the level of difficulty in moving their cases to the discovery phase. Ironically, our bankruptcy judges continue to tell bankruptcy counsel that the foreclosure defense issues like, "who owns the note" argument needs to be addressed in state court.  It's as if the two benches are pointing fingers and neither wants to take the time to learn about the mortgage securitization issues because their calendars are packed.

Never fear that I shared my Max Gardner Bootcamp wisdom, some of my most recent moving papers, and cutting edge legal arguments we are making that we hope will persuade the bench that mortgage creditors are committing fraud upon our courts, every time. There is hope through the bankruptcy process and it's important to hire competent counsel to assist you when facing these complex issues.

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Last Holiday Season, I wrote about ways to keep your spending down if you're planning a New Year bankruptcy, Article. This year I turn your focus on the best gifts to give YOU and your family this year. When you take care of yourself, everyone around you benefits. Every positive step you take is like a ripple in a pond when a pebble is dropped into it.  Allow yourself to be touched, moved and inspired by MY Top 10 Best Holiday Gifts to give YOU this season:

1.  Give yourself the gift of TRANSFORMATION and check out Landmark Education's courses on living your life powerfully and living a life you love.  Take their entree course, The Landmark Forum and give up your past stories about how you don't have "enough ______[fill in the blank]" and get in action in your life NOW;

2. Give yourself the gift of FREEDOM FROM DEBT and file bankruptcy already. I know your savings is gone, you may have already given your finances a heart attack by borrowing from your retirement account with no way to pay it back. CALL YOUR LOCAL BANKRUPTCY ATTORNEY today for a FREE consultation and let go of your debts this season;

3.  Still think Bankruptcy is a dirty word? Then get on board with Dave Ramsey's gazelle-like program of creating your own Debt snowball and sign up for his Financial Peace University, or start with his book, "Total Money Makeover;"

4.  AUDIT YOUR LIFE: Take the role of "observer" and look at your life currently. Take stock of your successes and failures and set a 5-year course for where you want to be. Do one thing today, like the previous ideas to propel you in this new direction.  Never give up. If you choose only one aspect of your life, like MONEY, then just know that how you are with your finances, so you are in every other aspect of your life.  Sorry about the bad news.

5.  BE GRATEFUL: Gratitude for all that you have now will open the door for more gratitude to follow. Start with, "The Best that Life Has to Give is Mine Now" and live into this statement; begin your gratitude journal today;

6.  GET REAL: Being inauthentic about who you are, where your life is headed and especially your finances will only create more drag on your joy. Get Real about every aspect of your life and begin the work to clean your "house" from the inside out. If you're debts will take more than 5 years to payoff, consider a Chapter 13 bankruptcy to restructure them.  Chapter 13 Plans last no more than 5 years and whatever unsecured debts remain at the end are permanently discharged. It's better than debt settlement because

(a) You don't have to pay them in full; and

(b) any debts discharged in bankruptcy have NO INCOME TAX liability;

7.  SEEK ADVICE: Your emotional health depends upon your seeking advice from those you trust. I have created my own "board of advisers" who are made up of very close friends and some family members. When you allow others to come along side you, they can show you your blind spots. Give them permission to be authentic with you and you will begin to see what's missing in your life. Your biggest fans and greatest supporters will also cheer you on to success.

8.  EXERCISE: Remember I mentioned "bad news" earlier in that your life is where it is today because YOU created it?  Now, for the good news; since you are the creator of your life, the architect of your destiny, then you can alter and transform your very nature. This includes your physical body. Start by ignoring what ever voice stops you and get your walking shoes on and go for a walk. Baby steps in all things will carry you to your goals.

9. BE GUIDED BY SPIRIT: Everyone has Spirit; a wise Self. You have probably heard this voice of wisdom when you give someone advice. It's time to turn your wise Self onto YOU. Close your eyes and turn within and quiet your mind long enough and you'll hear this voice. Listen to this guide.

10.  TAKE ACTION: Take the first step into the rest of your life and consult with Your Local Bankruptcy Lawyers to transform your personal financial crisis into FREEDOM FROM DEBTS. Every client that my office has worked with has been transformed financially and are on track with their financial goals. Every other aspect of their lives are altered by their new found FREEDOM and everyone around them benefits.  Get yours this Holiday Season.

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As we welcome in the Holiday Season, our Bankruptcy Courts would like to add a little woe to your cheer.  Effective November 1, 2011 there have been some changes to the Means Test, which determines whether you qualify to file bankruptcy under Chapter 7 of the Bankruptcy Code, and your filing fees have increased.

Cathy Moran previously notified us that the Median Income for California Families has fallen.  A  drop in the median household income means that you must now make less than before to qualify to file bankruptcy under Chapter 7.  It also means we're making less money these days.  These numbers are taken from the Census Bureau that reports household income.  The new numbers for the Means Test are effective November 1, 2011.

Pursuant to 28 U.S.C. §1930,  the Judicial Conference approved an increase in filing fees, also effective November 1st.  The increased filing fee for Chapter 7 is now $306.00, an increase of $7.00. Debtors will also have to pay $30 to amend Schedule D, E, F, G or H, up from $26. Creditors will have to pay $176 to file a motion to lift the automatic stay, up from $150.

Jay Fleischman from New York suggests that, "If you have paid your bankruptcy lawyer for your filing fee and your case has not yet been filed, contact your lawyer about the $7 increase in filing fee." I agree. 

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For Halloween this year, I'm dressing up as a Bankruptcy Attorney because everyone is very afraid to speak to me about taking a bold move in their life by filing for "Bankruptcy"  [Boo!] 

I noticed this odd trend.  Bankruptcy filings have declined so everyone should get excited about our nation's economic recovery right?  Even the folks over at Bankruptcy Law Network recently made this same observation in their article, Bankruptcy Filings Decrease: Why? Shelter, Food, and Necessities of Life.  They mentioned many factors, but the one that jumped out at me was credit card use.

Well, check this out, credit card delinquencies are on the rise according to CNN Money. I can see you all now, doing your very best to avoid the scary monster, BANKRUPTCY [Boo!]  This reminds me of the lovable furry old Grover in the Sesame Street Book, The Monster At the End of This Book. He did everything he could to convince us not to turn the page, but each time he did, nothing bad happened.

Have a look at one of my prior article about the warning signs you may need to file for bankruptcy and consider that if you're not currently on the road to saving for retirement because of what ever your story is, then consider it time to take the law on your side and make a bold move before you can't even afford to do it.  Any time you're paying money to creditors and sacrificing your well-being, you're putting yourself in financial slavery.  Stop the insanity!

The longer you wait to turn the page and get your fresh financial start, the more you'll have to sacrifice.  I can tell you that there is NO monster at the end of bankruptcy. In fact, I get rid of the Monsters [Creditors] from the moment your case is filed.

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     Chances are the answer is going to be a YES. The relationship between married persons and creditors is separated by individual or joint debt. Individuals are personally liable for their debts and may be jointly liable with others for their debts. See Division 9 of the Code of Civil Procedure; CCP Section 680.010 et seq. An obligation may belong to an individual or to two or more individuals per CC Section 1429.

     Personal liability for the debt of your spouse is found in Part 3 of Division 4 of the Family Code Sections 900-1000. For spousal liability purposes, "debt" is defined as an obligation incurred by a married person before or during marriage, whether based on contract, tort or otherwise (Fam. Code Section 900). A spouse is personally liable for the debts of the spouse in only three circumstances: (1) the debt of one spouse is assigned to the other spouse in the context of divorce proceedings, (2) the spouse becomes personally liable under the necessaries doctrine, and (3) a surviving spouse has liability for the debts of their deceased spouse up to certain limits.

     In bankruptcy we view these debts in terms of individual and community debts and have some flexibility in whether we advise our clients to file an individual or joint bankruptcy when working with married couples. Remember that we cannot represent married couples when a conflict arises, so it's important to cooperate with your bankruptcy counsel and disclose everything to them, including whether or not you're contemplating divorce so that they can properly represent you in obtaining the fresh start that you deserve.

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