The local newspaper has a legal forum feature, an ask-a-lawyer column
where readers can ask legal questions which are answered by area
attorneys. It's sort of a local, legal Dear Abby.

One woman wrote in about her grandson, who had signed a long-term
lease on an apartment but was then transferred out of state for
his job. The landlord would not let him out of the lease, so he
was paying rent for two places, the old apartment and his new one,
with the result that he had no money left for food.

This question was fielded by a member of the local bankruptcy
bar. His response had two parts. First, he said, the grandson
should consult with an attorney to see if there was a legal way
to get out of the lease. This advice made sense.

But his second part was, if the answer was no, he couldn't get
out of the lease, the grandson should file for bankruptcy. To
me, this answer made no sense. A "street-smart" answer would
have been to just stop paying the landlord, who was probably
renting out the apartment to someone else anyway. It was unlikely
that the landlord would hire an attorney to sue the grandson out
of state. Even if that did happen, and the landlord won, the
worst that could happen is that the grandson's wages would be garnished,
but only for 25% of the wages.

Bankruptcy, on the other hand, is a black mark on your record for
life, even if enough time has passed for it to fall off your credit
report. The grandson was undoubtedly a young person who would want
to finance major purchases, such as house and cars, in the future.
My understanding is that when applying for a mortgage or other loan,
when you are asked if you have ever filed for bankruptcy, and you
answer falsely, it is a crime. Even if the bankruptcy happened 30
years ago.

Bankruptcy should be a last resort, not the first resort. You
can always file if all else fails. But try other options first.

So why would this lawyer advise filing for bankruptcy instead of
the common sense, street-smart solution? Maybe there is something
in the lawyers' code of ethics that forbids them from saying "don't
pay money you owe." I don't know. But, more likely, the reason is
that bankruptcy is how this particular lawyer makes money. If your
only tool is a hammer, everything looks like a nail.

People should be wary of any professionals or specialists who promote
the particular remedy by which they profit as a panacea which will
be a quick and painless solution to your problems. This applies not
only to the legal profession, but also to medicine and everything else.
Just like the bankruptcy lawyer who won't tell you the downsides to
filing, the doctors also won't tell you the side effects of medications
or complications of procedures. And all these "professionals" have an
assembly line approach; the faster they can move clients or patients
through their system, the more money they can make. Which means they
won't have time to answer your questions or to learn about your unique
situation. For maximum efficiency, one size will be made to fit all.

There is only one person in the world who cares about your best interests,
and that is YOU. You need to educate yourself about the system,
how it is not in your favor, the pros and cons of all options, and
the alternatives available. Fortunately, in the age of the Internet,
self-education is easier than ever before. Read and learn, as the
life you save will be your own.