by Meg Brown
“”I was always torn when the kids begged me to play Monopoly”, Jackie H. owned during a recent conversation. “I desperately wanted to share in their fleeting childhood fun but I literally didn’t have the stomach for that particular game at that moment in my life.”
“I would get a twist in my gut whenever I walked by their game table and saw the white backs of property title cards, the word “Mortgage” leaping off them in bold letters. There was no way on earth I could relax playing a game where I had to watch my kids cope with debt. I seriously considered banning the game from the house.” Jackie and her husband, Jim, had a lot on their plate and tensions were running high. Their fledgling retail business was not paying the bills and yet demanded a hundred percent of both partners’ time. Eventually everything from back to school supplies to grocery bills made it onto personal credit cards, all in the hope that “next month we’ll turn a corner”.
When the business’ gears finally ground to a halt and Jackie and Jim were back at working for someone else, it was clear that their debt accumulation was a staggering load that would haunt them for many years to come. In fact, just making the minimum payments on all their accounts would barely allow them to keep their heads above water. Jackie said her biggest worry was the very real possibility of having to tell the children that they were going to lose their home.
Then what seemed like the worst possible scenario turned just a little bit darker. Jim slipped and fell while at his night job and landed in the hospital for several days with a head injury. A couple of weeks later the uninsured medical bills started pouring in. Jackie shakes her head while saying “Like a morality play, our lives are the ones people point to and say to their children, “Beware.”
When Jackie and Jim decided to take the risk of running their own business, they had most everything running in their favor. A smart couple, energetic and educated (Jackie has a business degree and Jim had past experience from being in business with his father), flowing with great ideas and entrepreneurial can-do, they thought they could make it over the initial start-up hump. But like all business owners, they were operating in a world where many circumstances were out of their control. Nevertheless, when they discovered that they were too undercapitalized, the word “bankruptcy” remained taboo.
It wasn’t until Jackie awoke to the fact that she and her husband were breaking under the burden and slipping into incapacitating depression, that she decided it was time to take a look at a previously unconsidered route. For her children’s sake, she knew she needed to take charge. “You are willing to do things for your children that you never before thought possible,” Jackie explains. She went hunting for a reliable bankruptcy lawyer even though at first it went against every fiber in her being.
“I was a mess during my first meeting with the attorney. I couldn’t stop apologizing for our sorry situation, as though I still had some control over it. I couldn’t believe the flood of emotion I struggled with as we went over our family’s failed financial statement with this stranger.” Jackie went through more than a few tissues in the meeting but knew she had done the right thing when her attorney said, “There is light at the end of the tunnel.”
After reviewing all of their options, the different forms of credit negotiating and types of bankruptcy filing, Jackie and Jim were directed by their attorney to file for Chapter 7 as the best solution for their situation. Jim, not the kind of man who finds it easy to talk about the subject, will tell you this is the hardest thing he has every had to do so far in life. “Your self image is severely dented in this process. But when you measure that against no longer being able to function as a provider for your family or as a parent to your children, the choice becomes clear.” It is in cases like this, where a family is enabled to survive, that the original intent of bankruptcy law is put into practice.
The bankruptcy process has not been painless for this family, but at least they are able to get a little sleep at night with some of the emotional and financial adjustments now in place. Jackie and Jim are thankful that their attorney was able to save their small house in the process, something to be relieved about for their children’s sake. “Yes, there is hurt. But it was the experience leading up to the filing, not the filing itself that was the nightmare,” Jackie says. “There is no shortage of hard work ahead of us in terms of making up for that dark period but we are surviving. I am not sure how the saying ‘Every cloud has a silver lining’ can possibly apply here, but at least now we can focus on a healthier future.