In the last article in this two part series I gave you a brief summary of what bankruptcy was, what the Chapters mean, and a list of things to avoid doing once you have made the decision to file for bankruptcy. Continuing on, if you are declaring bankruptcy, do not liquidate your retirement account. First, it is unnecessary to do this because retirement accounts are typically exempt property under the law, no matter what chapter you file. Plus, if you withdraw this money early, this means liability for penalties and taxes which may not be discharged in your bankruptcy.
This next “don’t” won’t make you feel so great, but it is smart to bear it in mind. When you are paying back money that you owe, don’t favor your family members and friends. This is because even though they might be your blood, as far as the law is concerned, relatives have the exact same legal status as all of the other creditors that you owe. It is understandable that you may want to pay back the people you love nearly and dearly the most, but bankruptcy courts are not exactly known for eliciting warm, fuzzy, sympathetic feelings.
Before you declare bankruptcy, don’t transfer your property out of your name. If a logical price was not received for your property, this action can be undone, and it can certainly be canceled out if it were made with the intent to hinder, defraud, or delay a creditor. Relatives and friends can fall into this category as well.
Do not use your equity line of credit to pay off your creditors. This is because under most state and federal laws, you are able to claim exemption for your home equity. So if you do not use your equity line, you can declare bankruptcy and still be able to keep your equity. Think about it in another way: if you used your equity line to pay back debt or to take out another mortgage, what you would be doing in a nutshell would be converting debt that would have been discharged in bankruptcy into debt that you will still have to pay in order to keep your home.
To complete the article I will provide you with one DO: be sure you have a good attorney, and always tell her the full truth and let her know all of your concerns and worries. Courts take themselves very seriously and have the capacity to file criminal charges if you intentionally commit fraud. And even if they did not go that far, they always have the ability to discharge any debt that they want, or even to simply dismiss the entire case.
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Related posts:
- Where Are You Heading After Filing For Bankruptcy? – Life After Bankruptcy
- Declaring Yourself Bankrupt – How to Go About it
- Declaring Yourself Bankrupt – How to Go About it
- It Pays To Know Who You Are Paying
- The Relation Between Bankruptcy And Taxes
- Is It Is Likely To Request A Chapter 7 Bankruptcy After The New Laws Were Put In Place
- Do You Really Want To File Chapter 7 Bankruptcy?
- The Proper Way Of Claiming Bankruptcy
- Bankruptcy May Be The Answer
- Factors To Consider When Filing For Chapter 7 Bankruptcy
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