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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:

  1. 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.
  2. 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.
  3. Don’t destroy any business or financial records. You can lose your right to a bankruptcy discharge as a result.
  4. 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.
  5. 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.
  6. Obtain copies of all of your pay stubs for the 6 months prior to the expected filing date. Your attorney will need them.
  7. Prepare any unfiled tax returns so that you can discuss tax liability with your bankruptcy attorney.
  8. 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.

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