Do's and Don'ts of Bankruptcy

Written By: Emil FleysherAugust 29, 2014,

Read everything you need to know about Do's and Don'ts of Bankruptcy.

DO: Be honest about all of your assets. Even if you think there is a chance that you might lose it, there are probably other ways in which your attorney can prevent that. Or, you may need to come to terms with that possibility. If you don’t list it and the court finds out, they will take it. Or, the case will be dismissed for fraudulent activity.

DON’T: Transferring property to someone else before or during the filing of the bankruptcy case can be devastating. Avoid transferring property at all costs. When the court finds out, they will dismiss your case and you will be left with overbearing debts.

DO: Provide all documentation requested by your attorney and his team. This is imperative. This is because, without the documents requested, your case stops moving forward. And, it can eventually force the court to dismiss your case for not having the documents required to proceed. The sooner you can get the documents to your attorney and their staff the better.

DON’T: If talking to your creditors had helped, you wouldn't need to file for bankruptcy. Most creditors are now just attempting to obtain information from you for their benefit. When and if they call, just provide them with your attorney’s information. Do this so that they may speak with him/her directly or a designated member of their staff.

DO: Include all of the creditors in your bankruptcy. Although bankruptcy can be a difficult thing to go through, at the end of the process there is financial freedom. Review your financial records. Moreover, provide all your creditors so that you can have a fresh start at your finances again.

DON’T: Charging your credit cards with luxury items and/or trips that you never intended on paying back or were clearly over your budget, and then filing for bankruptcy is a big no-no. The court will see this as abuse. And, will then deny your case and force you to pay back your unsecured debts. Debt might be the least of your problems. This is if the court knows you have lied or cheated; as you will have signed your bankruptcy papers under “penalty of perjury”.

DO: Ask your attorney any and all questions about your bankruptcy. Get to know your attorney before you sign with him/her. Remember that bottom dollar doesn't always mean quality representation and vice versa.

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