5 Things to Avoid Before You File Bankruptcy
5 Things to Avoid Before You File Bankruptcy. If you are reading this article it means either you are about to file bankruptcy or you might to that sometime in near future but remember that being insolvent isn’t that bad, after all. Just be thankful you’re not one of your creditors.
Bankruptcy may seem daunting, but all those steps taken to
avoid it, may not be as sensible as they seem. Although bankruptcy is not all
fun and games, but if it is your only option, then you’ll have to swallow your
pride, and for the sake of yourself and your family, consult a lawyer.
At least you should know what cards you can play. When there
is no other way out, you have to stop trying and file for insolvency. 5 things to avoid before you file bankruptcy:
Talk To Your Lawyer
Avoid saving up on your money by not hiring a lawyer. The
opportunity cost of getting all that advice and support is far higher than the
cost of the fees. Secondly, never lie to your attorney.
You do not have Pinocchio’s nose, so he would not know; but
it will harm you in the long run. By lying, you’re only impairing him from
helping you stay afloat.
Read Also: 5 Money Saving Tips for Summer
Do Not Pay Your Debt
If you have already decided to file bankruptcy, no need to
pay those debts now. According to Wisebread, bankruptcy rules forbid sending
more than $600 in “preferential payments” to any one creditor in the three
months before you file bankruptcy.
Those debts have a good chance of being waived, so paying
your debts now is like flushing good money down the drain. Rather save it up
for some rainy day.
Retirement Accounts
Refrain from putting your retirement fund through jeopardy.
We’ve already established that paying your debts if you plan to file for
bankruptcy is the wrong thing to do. Also, even if your debts aren’t waived
off, the court can and will not use those retirement accounts to reimburse the
creditors.
If you take this money out of the account, this safeguard
will dissolve. This money will then be used to pay off your debtors. Hence, be
very, very careful when handling money before you file for insolvency.
Hide that credit card!
If you make purchases with your credit card of up and about
$500, with in three months of filing for bankruptcy, you’ll have to provide
your rationale of using the card to the court. You have to prove that you used
it for bare necessities.
This will also happen if you withdraw around $750 within 70
days of filing for bankruptcy. All in all, DO NOT use the card for unnecessary
stuff.
Now that you are going to file for bankruptcy, you have to
take care that each and every single item you buy is only bought because it is
a ‘need’ not a ‘want’. If the court knows that you bought commodities that were
not necessary, that will leave you responsible for that part of debt.
Keep Possessing Your Possessions
When it comes to selling assets, be very careful. Within in
four years of filing, if you have sold your property to an unknown party, no
problem.
However, if you have sold your property or assets to a
friend or a family member, the court can and will suspect that you are trying
to conceal your assets from the court, so that your court doesn’t take those
assets and use them to pay back your creditors.
The court won’t do a reverse transfer, however it will get
distrustful of your activity.
There are many other things that you should avoid when
filing for bankruptcy, however these five are the major ones. We hope that this
article would help you to go through your bankruptcy phase smoothly even though
it can be a bumpy ride.
Have you filed for bankruptcy? What was the process like?
Please share your views with us.