Mental Health Project
Bankruptcy and Mental Health
The Bankruptcy/Mental Health project has two major components:
education and evaluation. The education component seeks to inform lawyers
and
their clients about the symptoms of mental illnesses and resources
for treatment and assistance, and to teach mental health professionals
about the court system. Accordingly, the project committee has created
a brochure describing mental
illnesses and resources that will be distributed through lawyers'
offices, at debtor education classes,
and at 341 meetings.
The committee will also participate in seminars for lawyers, discussing
both mental health issues and resources and explaining the many facets
of the Bankruptcy/Mental Health project. Finally, the committee will
create a seminar for mental health professionals, explaining the
court system, the need for expert testimony, and making the professionals
comfortable with the idea of testifying in court proceedings.
The second component of the project involves a panel of mental health
professionals who have agreed to provide pro bono or low cost evaluations
to debtors whose mental health is an issue in their bankruptcy proceeding.
These professionals will act as witnesses for the court, rather than
as an expert for the debtor, and will provide an evaluation of the debtor's
mental state, his or her ability to maintain employment, to make financial
decisions, and other information that may be relevant to the case. The
committee has drafted a form application for the debtor to submit to
the court for referral to the panel. The professional will then provide
testimony by way of affidavit, an in-court appearance, or by telephone
or videoconference, depending on the circumstances of the case. The court
will make efforts to accommodate the professional's schedule to facilitate
cooperation between the professions. It is anticipated that the panel
will one day be available for informal consultations with counsel, as
well.
Low-Cost Mental Health Resources
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