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Asheville, NC—David Hillier, one of Asheville's most prominent bankruptcy lawyers, started out in a less than glamorous place when he started his own firm.

“My partner and I began our practice in 1979 and we've been together ever since.  We started off in a basement suite that smelled of mildew, and we did whatever came in the door to start with.”

As time went by, Hillier started to specialize.  While his partner started focusing on domestic relations and family law work, Hillier's own eye turned to bankruptcy.  “Not necessarily because it was planned that way,” he says, “but that's just the way it happened.  In the mid-90s, I realized that pretty much 50 percent of my work was bankruptcy, and a decade later, it was probably 85-90 percent.”

Hillier finds bankruptcy law to be a very rewarding practice area.  “I really enjoy what I do, because I can get nearly anyone who comes into my office to a better place, one way or another,” he says.  “Either through filing bankruptcy or telling them that they don't need to file bankruptcy, but they need to do a few things differently to get back on their feet.”

For Hillier's clients, understanding their options can be life-changing.  “People are good people, and they want to pay their debts, but when you have $50,000 in credit card debt, ten collection calls a day, and other issues, you just can't handle that kind of load,” he explains.  “Pretty much every time when I tell them that there is a different choice they can make about their financial life, they express a great amount of relief, either verbally or physically.”

Changes to bankruptcy laws in 2005 were expected to have a big impact on filers initially, but Hillier says that in his experience, it hasn't worked out that way.  “The fact is that the law is so poorly written and there are so many ways to get around things, that once you learn the law, within about six months to a year, it pretty much became business as usual,” he says.  “It's more work for bankruptcy attorneys, but at the end of the day it doesn't really have too much of an effect on what we can do for people.”

While most kinds of debts can be discharged in bankruptcy, giving consumers a fresh start, student loans are an exception.  Hillier views this as a mistake.  “Student loans are a scourge on our society,” he says.  “These people come in and they have 60, 70, 80 thousand dollars' worth of student loans that they will never, ever be able to pay back.  So, you can file bankruptcy for a lot of their other debts, but you have to tell them that we'll make a deal with the student loan company to make maintenance payments and it'll just be part of your life.”

The most important principle of personal finance for consumers, according to Hillier, is simple.  “Make sure you have more money coming in than going out—and if you don't have the money, don't buy it.  Savings is always important.”

Established in 1979, Gum, Hillier & McCroskey, P.A., is an Ashville law firm specializing in complex family law and bankruptcy law matters. Our lawyers help Western North Carolina individuals and families create lasting resolutions to conflict and crisis.