Monday, December 20, 2010

Bankruptcy, Making This Basic Constitutional Citizenship Right AFFORDABLE, Real & Attainable By The Average Debtor


by Benjamin Anosike, Ph.D.

But How Many Today Are Aware of Bankruptcy as a Constitutional Right? 

It is somewhat appalling. And most unfortunate. But it is rarely ever realized or recognized these days in this early 21st Century by those who are charged with handling the administration of the bankruptcy process for the benefit (we’ll hope!) of the American debtor. Nor is it even ever mentioned by those authorities or anyone else. That, what we merely refer to today cavalierly simply as “bankruptcy,” with very little or no emotion or attribution, is actually something of a sacred RIGHT explicitly conferred by the very original Constitution of the United States of America on American citizens in 1801. That sacred constitutional RIGHT to bankruptcy belongs to the American debtors directly from Article 1, Section 8, Clause 4, of the United States Constitution, which authorizes the U.S. Congress to enact "uniform Laws on the subject of Bankruptcies throughout the United States." 

But this web blog will be totally and primarily dedicated to making that mandate and promise of this most original and most fundamental of all constitutional rights for Americans, absolutely REAL, PRACTICABLE and REALIZABLE, for the average debtors in their own actual lives and practical experiences. It will attempt to do so in one basic way – namely, by exploring, promoting, exposing, and highlighting effective avenues, methods and alternatives, by which it becomes FEASIBLE and AFFORDABLE, financially and practically, for the ordinary American debtor to actually avail himself (or herself) of that basic constitutional right to declare bankruptcy, and, thereby, to actually enjoy that constitutional RIGHT in their own financial lives and life experiences.

Simply, because bankruptcy is a legitimate and core fundamental Constitutional RIGHT, and not just a privilege, the cost of filing for bankruptcy ought never be made to be, or be ever allowed to be, so high as to be a bar or hindrance for qualified American debtors who need to declare bankruptcy. In consequence, rather the cost of filing for bankruptcy should be made to be so low and reasonable as to be AFFORDABLE and readily practicable for virtually every qualified American debtor who needs to declare bankruptcy to be easily able to do so.


The dire portrait of "too poor to file bankruptcy" which has been well established to be the fate which too many American debtors frequently experience in the personal bankruptcy landscape today, could not be more crystal clear. Or dreadful! (See the Section titled "Our Mission" below). Hence, the basic goal in this blog is to disseminate and share information and knowledge with, and among, American debtors and consumers generally about this scourge, and the ways and methods by which to effectively cure it for the average consumer. 


We Shall Primarily Focus on:

1.  Practical Ways and methods by which the qualified debtor seeking bankruptcy could be afforded the ability to implement his Constitutional Right to declare Bankruptcy , and be able to file for and obtain bankruptcy at low, AFFORDABLE rates;

2.  Making bankruptcy accessible, low cost and affordable for the debtor, so that he can avail himself or herself his//her constitutional right 

3.  De-mystifying “the law” in personal bankruptcy for the ordinary debtor 

4.  Tips, tricks, insights and information, on effective ways and methods of doing one's own personal bankruptcy either with the help of a non-lawyer bankruptcy Petition Preparer, or by using this writer’s (or other competent authors’) books and manuals; 

5. Exploring and expressing views and opinions about effective avenues and methods, including practical alternatives and options to the current wholly deficient and ineffectual lawyer-controlled bankruptcy system, by which the average American debtor who seeks or deserves bankruptcy can reclaim and exercise his/her legitimate right to bankruptcy accorded him/her under the Constitution. 

6. Exploring and expressing views on avenues and methods by which to make it FEASIBLE and AFFORDABLE, financially and practically, for such a debtor to actually avail himself (or herself) of that basic constitutional right to declare bankruptcy, and for such debtors, thereby, to actually enjoy that constitutional RIGHT in their own lives and their own life experiences. 

 7.  The practical tools, habits and culture, by which debtors, after their bankruptcy, can rehabilitate themselves at accelerated time line, and quickly get back to a sound financial footing post bankruptcy. 

Good, topical articles and case studies

As part of the objective of this blog, we shall, among other things, frequently post special, well-written articles of interest, as well as published legal case studies, or special guest-authored articles, that are topically relevant to bankruptcy, debts, personal finance, and other related issues – stories about good and bad things that happened or happen to other bankrupts or bankruptcy debtors, about proper or improper financial habits and culture, and the like. The aim is to have you learn from these accounts.

Also, this blog will examine and review books, systems, studies and reports of relevance and help dealing with the subject areas of our interest, and announce the results in this blog from time to time. (If you are a reader or participant who writes the kinds of articles or materials mentioned, or you come across them, please notify us. We’d be happy either to post that material and link back to your site or the appropriate source of the material, or otherwise to promote that).


As already alluded to earlier, please be forewarned that this blog will NOT give what is generally characterized as “legal advice.”  We shall give legal INFORMATION, but NOT legal ADVICE. What exactly do we mean by this? Just so that you’ll have a general idea (the concept is often an amorphous one in law!), this blog will be willing, for example, in situations where deemed necessary or pertinent, to explain our take on a procedure, even if a “legal” one, that is involved generally in bankruptcy cases, or to offer ideas or comments about why, in  that particular author's view, something might have happened in, say, a bankruptcy case or situation. That will be deemed “legal information” – information of legal nature. 

However, if you were to construct a specific set of facts and circumstances, and ask me a question such as: “what should I do?” in such a specific situation, then that has crossed the line – it is now in the “legal advice” territory. And that will be the territory that is, and will be, forbidden territory for this blog and which will not be crossed into by us. Other than that, we’ll be open to any other questions!

In any event, as a general proposition and approach, you should, any way, generally view any and all pieces of information presented on this or any other blog or forum merely and solely as general educational information about the subject addressed – NOT specific advice that is applicable to any particular situation. Therefore, you should not just jump off and take any specific action based solely on what you read on this blog (or on any other similar source whatsoever). But what you may do, is take what you read here, go research some more on it, put it all together with the information you gather from elsewhere, try make sense of the whole, then make a decision – an “informed decision.”


We hereby sincerely welcome and encourage you:

PLEASE MAKE THIS BLOG A VITAL PART OF YOUR EDUCATIONAL AND INFORMATIONAL PROCESS ON CONSUMER DEBT, BANKRUPTCY AND PERSONAL FINANCE. Make it a vital resource for you in those subject matters. There are a few other competent useful blogs in the field of these subject matters, and we have either listed them or will be listing them on the blogroll for this site. These can serve as good additional resource material for you. 

Please come participate. Ask your questions, make comments. You’re cordially invited.


To follow up on other works and writings on the same general area of self-help law by Dr. Anosike, please visit this site:,_PhD
Or, on how to get low-cost affordable bankruptcy or copies of his books on the subject, visit:

Author, Benjamin Anosike, Ph.D., EzineArticles.Com

Benjamin Anosike, PhD, Basic PLUS Author