| |
Bankruptcy Law - Questions & Answers
What should I do to prepare
for filing bankruptcy?
First, you should consult with
an attorney. An attorney can help you plan for
the bankruptcy, decide when to file a bankruptcy
petition, or even avoid filing for bankruptcy.
If you decide to file a bankruptcy petition:
- Stop using your credit cards. If you charge
up your credit cards knowing that you’re
going to file bankruptcy, the debt may not
be discharged. Also luxury purchases over
$500 within 90 days before filing and cash
advances totaling more than $750 within 70days
before the bankruptcy filing are not dischargeable.
- Don’t transfer your assets to friends,
family and business associates to protect
the assets from your creditors. The transfer
may be considered a fraudulent conveyance.
If it is, you may lose both the property and
your right to a bankruptcy discharge. Instead,
consult an attorney. There may be legitimate
ways to save the property.
- Don’t destroy any business or financial
records. You can lose your right to a bankruptcy
discharge as a result.
- Carefully choose the creditors you pay.
Some creditors, such as landlords, secured
creditors, and some utilities should be paid
under most circumstances. If you pay a credit
card debt that eventually will be discharged,
you may be throwing money away. Your attorney
should advise you on what debts should and
should not be paid while you prepare to file
a bankruptcy petition.
- Keep copies of all statements you receive
from creditors, so that you will have information
about who and how much you owe. Consider obtaining
a free credit report from annualcreditreport.com.
- Obtain copies of all of your pay stubs for
the 6 months prior to the expected filing
date. Your attorney will need them.
- Prepare any unfiled tax returns so that
you can discuss tax liability with your bankruptcy
attorney.
- Obtain credit counseling from an approved
pre-bankruptcy credit counselor. The U.S.
Trustee maintains a list
of approved credit counselors
Your attorney will provide you with a complete
list of documents necessary and information
necessary to file.
[
Back to Topics ]
|
|