Important Precautions to Take Prior to Filing for Bankruptcy


Filing for bankruptcy can be a difficult and overwhelming process. With proper planning and precautionary measures, individuals can navigate it smoothly. Consulting with an attorney can ease your mind and ensure you do things the right way. This article highlights the crucial steps one should avoid before filing for bankruptcy to ensure a more favorable outcome.

Do Not Accumulate Additional Debt:
In the time leading up to bankruptcy, it is crucial to refrain from incurring new debts. This includes credit card purchases, loans, and other forms of borrowing. Such actions may raise concerns about fraudulent behavior, potentially hindering the bankruptcy process.

Avoid Draining Retirement Accounts:
It is essential to refrain from using or emptying retirement accounts, if possible. These savings are usually protected during bankruptcy proceedings as they are intended for future living expenses. Prematurely withdrawing or depleting these funds not only jeopardizes financial security but may create unnecessary limitations during the bankruptcy process.

Steer Clear of Repayment Preferences:
Before filing for bankruptcy, it is important to avoid benefiting specific creditors over others. Giving preferential treatment to certain creditors by repaying them ahead of others within a year before filing can lead to legal complications. Bankruptcy courts aim to enact equal distribution of assets among creditors, thus avoiding any biased actions is crucial. Contact a lawyer to avoid unnecessary complications.

Cease Transferring Assets:
Transferring ownership or assets to others with the intention of protecting them from the reach of creditors is strongly discouraged before filing for bankruptcy. These actions are often viewed as fraudulent and can result in legal consequences. It is important to maintain transparency regarding your assets throughout the bankruptcy process.

Hold Off on Closing Bank Accounts:
Closing bank accounts prior to filing for bankruptcy can raise concerns about potential attempts to hide assets. It is advisable to maintain existing accounts and facilitate clear financial records that detail transactions leading up to the bankruptcy filing. Transparent financial practices ensure a more efficient and streamlined bankruptcy procedure.

Do Not Misrepresent Information:
Honesty and accuracy are paramount when it comes to providing financial information during bankruptcy proceedings. Misrepresenting, lying or concealing financial details not only undermines the legitimacy of the process, but may also result in severe legal penalties. It is crucial to disclose all relevant financial information truthfully to ensure a fair and just resolution for all parties involved. An attorney can help ensure this is done the right way.

Before initiating bankruptcy proceedings, it is crucial to be proactive and informed about the necessary precautions. By avoiding additional debt, refraining from draining retirement accounts, exercising fairness in repayments, abstaining from asset transfers, keeping bank accounts open, and maintaining accurate financial reporting, individuals can navigate the bankruptcy process more smoothly, ensuring a better outcome for all parties involved.

Contact an attorney today to make sure the bankruptcy process is done correctly in order to avoid more problems.

Vincent F. Heuser, Jr.
3600 Goldsmith Lane
Louisville KY 40220
(502) 458-5879

Leave a Reply