Legal Question in Bankruptcy in New York

Obsessive, Compulsive, Pathological Gambling,

I've discovered I have an illness. It has caused me to accumulate over $25,000 in debt. It is completely out of control, and I am seeking professional help. I want to beat this horrible addiction. I don't know how to handle money anymore. I used to be very thrifty. Mental depression has led me to a spirial downfall over the past 6 mos. What options would I have to get out of this financial mess? It has caused me to have no respect for money while I seem to be in the state of mind, and I have no idea how much I am racking up. My husband has no clue. It may lead to divorce. Please, could you let me know about any consolidation options I may have at this point?


Asked on 12/07/06, 7:45 pm

1 Answer from Attorneys

Nancy Delain Delain Law Office, PLLC

Re: Obsessive, Compulsive, Pathological Gambling,

You've already taken the first, & the hardest, step: RECOGNIZING your problem. Your next step is do a GOOGLE search on "spenders anonymous", find a local 12-step meeting & go to it regularly & forever.

I'm glad you're seeking professional help. Make sure the professional is a licensed PHYSICIAN who can prescribe any needed medications. Talk therapy, while it can be helpful & supportive, does not address any basic medical issue that might affect spending behavior.

Tell your husband about this. If you don't talk with him soon, the debt load will indeed jump up & bite you hard when (not "if") he finds out about it. This is a JOINT problem. Communication is the only way you'll be able to fix it, & the two of you MUST communicate openly.

Cut up ALL your credit cards & return the cut-up card to the issuer with a letter telling them you are canceling your account. The credit card co. may call to see if you want to re-establish your account with them. DON'T. You will have to pay any outstanding balances, but ditching your cards limits damages to what has already been done.

When new credit solicitations come in the mail, SHRED THEM in, preferably, a diamond-cut or confetti shredder.

Ask your bank to issue you a debit card with a MasterCard or Visa logo. If your current bank does not issue these, change banks. These are NOT credit cards: charges hit your bank account immediately & the amount of your charge is deducted directly from your account. Overdebiting = HUGE bank fees.

You & YOUR HUSBAND TOGETHER could take out a home equity line of credit to consolidate. YOU MAY DO THIS ONLY IF YOU GET RID OF ALL CREDIT CARDS & FOREVERMORE STAY AWAY FROM CONSUMER CREDIT. Home equity loan = second mortgage, & the issuing bank can foreclose if you fail to pay the loan off.

Other options:

* talk with a non-attorney debt relief agency. They can often negotiate payments to the creditors that you can afford. If you need a referral to a good non-attorney debt reduction agency, shoot me an email; I work with one to whom I will happily refer you.

* call all creditors & ask them to help. Credit card companies probably won't, but secured creditors often will.

* discuss with an attorney your options for filing a bankruptcy petition.

If you're reasonably local to Saratoga County, I'd be happy to help you out with a bankruptcy petition; again, send me an email & we'll set up an appointment. Else, get a referral from your county bar association or from the NYS Bar Association (www.nysba.org).

Good luck.

THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE & IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.

Read more
Answered on 12/07/06, 9:28 pm


Related Questions & Answers

More Bankruptcy Law questions and answers in New York