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ABA Section of Business Law


 

Volume 15, Number1 September/October 2005

Pro Bono in action
    By Shelly Crocker
 

  Lawyers can help consumer debtors

Lawyers provide pro bono services for many reasons, but at some level, the desire to better the world motivates the work. A group of bankruptcy lawyers in Seattle wanted to do more than provide individual pro bono services to consumer debtors. CENTS (Consumer Education and Training Services) decided that we would offer financial education to consumers to help them avoid bankruptcy.

Over the last 10 years, numerous bankruptcy pro bono organizations have been created around the country. The Pro Bono Services subcommittee of the Section's Business Bankruptcy Committee has been instrumental in nurturing several of these programs, and has published a "Starter Kit" to assist new programs.

In Seattle, using the ABA Starter Kit, we formed CENTS (formerly, the Debtor Creditor Resource Project) in 1995. The original mission was to provide legal services to pro se debtors and to provide referrals on an ad hoc basis. Together with the King County Bar Association, CENTS staffs the Debt Clinic, a weekly legal clinic that provides free consultations to anyone who requests it. In addition, CENTS instituted and supported two law school clinics that provide pro bono assistance to those in need of a bankruptcy filing. Finally, CENTS maintains an ad hoc referral list for pro bono cases.

However, CENTS' volunteer lawyers were not satisfied with this range of services. Over the course of a year, CENTS' board met and discussed its members' shared belief that the bankruptcy system does nothing to solve debtors' underlying financial problems. Few debtors possess the basic financial skills necessary to prevent repeated calamities. CENTS decided to expand its mission to provide financial literacy training to debtors, whether or not they had gone through bankruptcy.

Under the newly passed Bankruptcy Abuse Prevention and Consumer Protection Act, consumer debtors will now be required to get both credit counseling and education on personal financial management. Long before passage of the act, CENTS began providing financial education. As bankruptcy practice under the act evolves, the need for affordable financial literacy services is certain to grow.

In 2001, CENTS formed a committee of accounting and turnaround professionals to design a financial education component. Initially, an individual financial counseling session was offered to each client of the Debt Clinic, in conjunction with the legal services provided. Over time, we realized that individual counseling had limited effectiveness. In response, CENTS launched its Money Management classes. The classes were designed in collaboration with a consultant experienced in adult education and financial literacy programs, and a curriculum was developed consisting of a workbook and trainer's guide. Beginning in 2003, the class was offered monthly.

Now, CENTS has embarked on a new endeavor: The Smart Borrowing project. CENTS created and produced a DVD and workbook that educates consumers about lending situations, while teaching them skills to make prudent borrowing choices. The materials target five borrowing environments that can impede successful money management: credit cards, payday loans, auto loans, first mortgages, and mortgage refinancing. Smart Borrowing, which was grant funded, will be distributed nationwide.

In addition to a full range of bankruptcy pro bono services, CENTS has expanded to help fill the growing need for affordable financial literacy programs. For more information, visit CENTS' Web site at www.centsprogram.com.


Crocker is managing partner of Crocker Kuno Ostrovsky LLC, a bankruptcy boutique in Seattle. She is the former president of CENTS, and chair of the Pro Bono Services subcommittee of the Business Bankruptcy Committee of the ABA's Business Law Section. Her e-mail is scrocker@crockerkuno.com.

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