Bankruptcy Can Help Older Americans Take Control of Their Lives
I highly recommend this great article in the New York Times about bankruptcy and the elderly. Everyone should understand the issues related to protecting your own or your parents’ hard earned retirement funds when faced with a financial crisis. A good percentage of every client I meet has dipped into their retirement funds to pay off debts, only to find the debts never end – default interest, late charges, attorney and collection fees…… the list goes on and on.
Bankruptcy can bring much-needed relief from debt brought on by medical expenses or helping needy children…
The following is a brief clip of the entire article.
For some older Americans, bankruptcy can bring much-needed relief from debt brought on by medical expenses or helping needy children, and experts say it can be a valuable tool to protect retirement assets, after negotiating with creditors. But with reliable statistics on current bankruptcies hard to come by, anecdotal evidence suggests that shame at being in financial turmoil frequently prevents retirees from getting help early.
“People usually postpone bankruptcy for several years before filing,” said Deborah Thorne, an associate professor of sociology at Ohio University, who has studied older Americans and bankruptcy. “When finances head south, they should file right away.”
By spending retirement assets, Ms. Thorne said, retirees risk a downward financial spiral from which they are less likely to recover than younger people. A better strategy is to defend assets at all costs, she said.
Click here for the entire article….

Diane is a well respected Arizona bankruptcy and foreclosure attorney. As a retired law professor, she believes in offering everyone, not just her clients, advice about bankruptcy and Arizona foreclosure laws. Diane is also a mentor to hundreds of Arizona attorneys.
*Important Note from Diane: Everything on this web site is offered for educational purposes only and not intended to provide legal advice, nor create an attorney client relationship between you, me, or the author of any article. Information in this web site should not be used as a substitute for competent legal advice from an attorney familiar with your personal circumstances and licensed to practice law in your state. Make sure to check out their reviews.*
In Case You Missed It
Published On: July 5, 2026
Many people delay filing bankruptcy because of fear, guilt, or misinformation. Learn three common reasons people avoid bankruptcy and why accurate legal advice matters before financial problems worsen. The three most misunderstood reasons not to file bankruptcy are fear of credit damage, fear of losing everything, and the belief that a person must first sacrifice every possible resource. Those concerns deserve serious attention. But they should be evaluated based on the actual facts, applicable law, and a person’s long-term financial position—not on myths.
Published On: June 27, 2026
Merchant cash advances can provide fast cash, but daily withdrawals, stacked MCA loans, SBA loan conflicts, personal guarantees, and bankruptcy risks can quickly put a business and its owner in danger.
Published On: June 26, 2026
Bankruptcy Is Not Just Paperwork: Some Simple Mistakes That Can Cost You For many people, bankruptcy is not the first choice. It is usually something they consider only after they have done everything they know [...]
Published On: June 24, 2026
Build Financial Stability, Not Just a Better Credit Score A good credit score can be helpful. It may make it easier to rent an apartment, obtain a mortgage, finance a vehicle, or qualify for lower [...]








