If you find yourself in a situation where filing for bankruptcy is your best option, there are a few things you should keep in mind before doing so. Due to the fact that your debts will soon be reorganized and put into someone else’s control, it’s important that you abide by rules and regulations associated with bankruptcy. The last thing you would want is for new problems to arise. Here are a few helpful tips to consider, from Waukesha bankruptcy lawyer Michael Burr.
Don’t: Acquire new debt.
Creditors may attempt to object to a discharge if you’ve increased your debt within up to 90 days before filing. They may argue that it’s a case of fraud, saying that you acquired the debt with no intention of paying it back. Additionally, you shouldn’t cash out or take loans from your 401(k), pension, or any other retirement plan or take out an equity line of credit against your home. Doing any of these things can cause issues in your bankruptcy.
Don’t: Provide inaccurate, dishonest, or incomplete information.
Completely the paperwork for a bankruptcy filing must be taken very seriously. Lying or providing falsified information can lead to serious consequences in addition to putting an immediate stop to your bankruptcy filing. Be sure to provide all information correctly and do not hide any information.
Don’t: Skip filing your income tax returns.
Filing for bankruptcy is, in essence, impossible if you haven’t filed all of your income tax returns for at least two years prior to filing. These documents play a very important role in determining your earnings and asset holdings. Be sure to provide all tax related information to your Waukesha bankruptcy attorney before proceeding.
Don’t: Lie about or hide assets.
It is very important that you do not hide any assets in a bankruptcy filing. Some people may be tempted to sell or transfer assets in hopes that they will be protected during your bankruptcy proceedings. If you do this, there is a strong chance that you would be denied a discharge and could face criminal charges. There are exceptions to this, of course, in that some people sell things hoping to help pay off their debts on their own. The important thing to note if you’ve done so is to let the trustee know. They’ll generally ask if you’ve sold, transferred, or given away any assets up to a year before filing.
Nobody wants to be presented with issues in addition to what they’re already dealing with. If you’ve already done one of these things or want to learn more things to avoid before filing, talk with Waukesha bankruptcy Attorney Michael Burr. He can help you determine the best solution for your situation and get you on the path to being debt-free.