Lawyers New – Common Bankruptcy Mistakes is a legal process that provides individuals and businesses with a fresh start financially. However, filing for bankruptcy can be a complicated and confusing process.
In order to avoid common mistakes that can negatively impact your case, it is important to work closely with a bankruptcy attorney.
Bankruptcy can be a stressful and overwhelming experience. The bankruptcy process can be complicated and confusing, especially if you do not have experience with legal procedures.
Working with an experienced bankruptcy attorney can help you avoid common mistakes and ensure that your case is handled properly.
We will discuss some of the most common bankruptcy mistakes and how to avoid them with the help of your attorney.
10 Common Bankruptcy Mistakes
- Mistake #1: Filing for the Wrong Type of Bankruptcy
- Mistake #2: Failing to Disclose All Assets and Debts
- Mistake #3: Transferring Property Before Filing for Bankruptcy
- Mistake #4: Incurring New Debt Before Filing for Bankruptcy
- Mistake #5: Failing to Attend Required Meetings
- Mistake #6: Filing for Bankruptcy without an Attorney
- Mistake #7: Not Following Through with Required Steps
- Mistake #8: Using Retirement Funds to Pay Debts
- Mistake #9: Ignoring Tax Consequences
- Mistake #10: Not Seeking Professional Help
Mistake #1: Filing for the Wrong Type of Bankruptcy
One of the most common bankruptcy mistakes is filing for the wrong type of bankruptcy. There are two main types of bankruptcy for individuals: Chapter 7 and Chapter 13. Chapter 7 bankruptcy is designed for individuals with little to no disposable income and few assets.
Chapter 13 bankruptcy is designed for individuals with a regular income who can pay back a portion of their debts over a period of time.
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Filing for the wrong type of bankruptcy can result in your case being dismissed or your debts not being discharged. Your bankruptcy attorney can help you determine which type of bankruptcy is best for your situation.
Mistake #2: Failing to Disclose All Assets and Debts
Another common mistake in bankruptcy is failing to disclose all assets and debts. This includes any bank accounts, property, and other assets that you may own.
Failing to disclose all assets can result in serious consequences, including fines and criminal charges. Your bankruptcy attorney can help you prepare a complete list of all your assets and debts to ensure that nothing is overlooked.
Mistake #3: Transferring Property Before Filing for Bankruptcy
Transferring property before filing for bankruptcy is another common mistake. Some individuals transfer assets to family members or friends in an attempt to protect them from being sold to pay off debts.
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However, this can be seen as fraud and can result in serious consequences. Your bankruptcy attorney can advise you on what property can be protected and what transfers are allowed.
Mistake #4: Incurring New Debt Before Filing for Bankruptcy
Incurring new debt before filing for bankruptcy is another mistake to avoid. Any debts incurred within 90 days of filing for bankruptcy can be challenged by creditors and may not be discharged. It is important to work closely with your bankruptcy attorney and avoid incurring new debt during this time.
Mistake #5: Failing to Attend Required Meetings
Failing to attend required meetings is another common mistake in bankruptcy. This includes the meeting of creditors and any other meetings required by the court.
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Failure to attend these meetings can result in your case being dismissed or your discharge being denied.
