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Constitutional provisions for bankruptcy relief

Although most of us are unaware, the basis for current bankruptcy law is set out in the original US Constitution of 1787. The founders sought to avoid many of the problems which had existed under British law (debtor’s prisons, etc.) and provided in Article 1 Section 8 of the Constitution that Congress should make adequate provisions for the establishment of uniform bankruptcy laws. The rationale for bankruptcy law is the realization that it serves no purpose for an individual to struggle continually under a burden of debt which can never be paid, and that the general public is better served by laws which enable an individual to discharge debts that can never be paid so that individual can work and live a productive life.

We know that, all too often, bad things can happen to good people and debt problems can result from not only bad decisions, but from circumstances beyond our control. Circumstances such as a job loss, a reduction of income, an illness or injury, a car wreck, a home or business fire, a wind storm or other natural disasters, a divorce, death of a family member, a foreclosure or repossession of home or other property, and many other reasons too numerous to mention.

The goal of Steve Westerfield, as a bankruptcy a lawyer, is to help each client who is struggling with debt problems. Also, we want clients to know the facts about Chapter 7 and Chapter 13 bankruptcies, and understand how each of those procedures can work for them.

It has been the experience of this bankruptcy law office that no person or family wants to file bankruptcy and often individuals and/or families suffer for many years under the burden of debts, which cannot possibly be paid. The message of this office is that when it is truly impossible to pay the claims and demands of creditors, it serves no purpose or benefit to simply suffer through the stress and hardship of such a situation.

This office urges that individuals/families not allow embarrassment or intimidation from creditors prevent them from obtaining needed debt relief, prevent them from having a second chance at rebuilding their credit, or prevent them from leading productive lives without interference from creditors.

The purpose of this website, and the message of this office is, that we want you to know debt problems can be controlled and even eliminated; however, bankruptcy is to be used sparingly and filing bankruptcy is not recommended unless it is deemed to be the best course of action.