In my view, there is no question that they are – and that lay counselors in these programs who advise otherwise do not understand the bankruptcy process. Steps 8 and 9 of the program of Alcoholics Anonymous (copied verbatim by most other 12-step programs) are, respectively (8) Made a list of all persons we had harmed, and became willing to make amends to them, and (9) Made amends to such people wherever possible, except when to do so would injure them or others. The book Alcoholics Anonymous talks about moral and spiritual bankruptcy, but what about plain old financial bankruptcy? Many people recovering from alcoholism and other addictions are in serious financial difficulty. Should they consider filing for bankruptcy through the court system, or would this somehow be “weaseling” out of debts, jeopardizing 9th step amends?
In fact, declaring bankruptcy provides a sensible, logical framework within which to work the financial portions of the eighth and ninth steps. The person filing for bankruptcy is required to list all his creditors, his sources of income, and his material assets. The courts, and the debtor’s attorney if he is represented, prioritize the debts based on federal law and determine how the limited financial resources of the debtor are to be applied. Chapter 13 bankruptcy actually works very much the way a ninth step ought to. Often referred to as “wage-earner bankruptcy”, Chapter 13 requires the debtor to adhere to a bare-bones budget for 3-5 years, paying any surplus income to a trustee who parcels it out among creditors. Real effort and personal sacrifice are involved in repaying the debts, but there is a definite endpoint when the debt is considered satisfied. Bankruptcy addresses the issue of the injury complete repayment might do to others, such as family members who are hostage to a debt, or people dependent on a business which is temporarily insolvent.
The recovering substance abuser probably has a sense that some of his financial obligations have more moral urgency than others. This list will not correspond exactly to the priority schedule of the bankruptcy court. In the eyes of the court, a private loan made by a family member who is not well off financially will have the same priority as a credit card debt, and both will take a back seat to the Internal Revenue Service. Some debts, such as arrears in child support, cannot be discharged (forgiven) in bankruptcy. On the other hand, a conscientious debtor’s own priorities will probably be closer to the bankruptcy court’s determination than the priorities of debt collection agencies, whose squeakiest wheels are usually the least deserving, both from a moral and legal perspective. Should a person feel a moral obligation to pay a debt which has been discharged in bankruptcy, there is no law preventing him or her from making payments on it at some later date, once the case is closed. However, there may be good practical reasons for not doing so when it would jeopardize the fresh start a bankruptcy is designed to create.
A person who finds that the payments on his debts are leaving him without sufficient income to live on, and has no immediate prospect of either paying off those debts or increasing his income, or has exhausted conventional lending sources and is resorting to payday lenders and other loan sharks to meet basic living expenses, or is threatened with foreclosure on his home mortgage, is well-advised to explore bankruptcy. Contrary to popular perception, reinforced by credit card companies and other lenders, recent changes in Federal laws have not closed this option. There are numerous websites, including Kent Anderson’s, and books providing an overview of the bankruptcy process. The anonymity tradition of 12-step groups would preclude a law firm’s advertising that any of its partners or staff members had personal experience with 12-step based financial counseling; however, a few well-considered questions during an initial interview should reveal whether a bankruptcy attorney has the knowledge to implement the desires of a client in this context.