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Pre-bankruptcy "blunders" to avoid

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    Pre-bankruptcy "blunders" to avoid

    If I hadn't had several months to think this through and had a chance to research both online and at the library, I might have made some horrific mistakes leading up to filing this summer.

    No cash advances on my one still active credit card (70 days before filing at a minimum and longer if possible); no payments of more than $600 total to any one creditor in the 90 days before filing (my attorney said secured loans and utilities don't count); keep paying on anything secured you intend to keep (reaffirm) and not give up to BK in a Chap 7; if you did make a large charge on a card in the months before filing, make some payments to appear to be keeping current, especially if it wasn't for necessities and could be considered a luxury item.

    Don't repay a loan given to you by a relative --- within a year, they may be sued by the trustee to recover those funds! Don't give a relative a large sum of money to pay a bill for them; pay it directly yourself such as to the dentist, doctor, etc, or trustee might think it was a transfer to hide funds. Don't keep getting pay direct deposited, especially if that bank or credit union is also where you have a loan or credit card that will be included in BK. They can grab it!

    Don't toss any receipts, bank statements, correspondence from creditors, and if you are missing any of above for the past year, see if you can get duplicates. Never assume that the court will take anything you tell it "on trust" --- document, document, document anything and everything dealing with your money and assets.

    Don't take fewer exemptions on your W-4 for withholding taxes than allowed or next year your nice fat refund will be bulging in the trustee's wallet, not yours. And dont forget the state withholding, too. (I had to scurry on over last month to human resources at work to adjust that! My federal were good, but they had the state at zero exemptions; I wondered why I got a large state refund this year....not a gift from them, just free use of my money for the year.)

    Other posters want to chime in here?
    August '05 Business failed.
    Spring '06 Found this site, thank heavens
    Chap 7 (no asset) filed 11/10/06; 341:1/31/07
    disharged 2/26; closed 4/17/07

    #2
    Very good advice Bobby's Girl, I'm sure others will chime in with some sound advice for newbies......
    Everybody needs a good guideline to follow to cover their Butt's when they start this process...........

    Many of us (including me) could have saved ourselves a lot of grief had we known what to do and what to expect............

    Many of us entered it blindly and were at the mercy of our attorneys and the Trustees.
    Minny

    "It's amazing the paths that our feet sometimes follow in life".

    My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.

    Comment


      #3
      If you do happen to have excess funds laying around right before you file, like many of us don't, buy necessities with it.

      Pay your rent/mortgage ahead. Auto insurance coming due, pay that ahead of time. Need new tires for the car, buy 'em. Stock up the pantry and freezer. But some clothes.

      Any money you have on hand that you cannot exempt will be taken by the Trustee to line his/her pocket and to pay Creditors.

      Check your State's exemptions about cash. Some States limit the amount of cash you can have, both on hand and in the bank, to a total amount. Beyond that $$ amount you cannot exempt it. So if your State allows $300, and you have $450 between money in your pocket and cash in the bank, the Court will automatically take the excess $150.
      Filed Ch 7 - 09/06
      Discharged - 12/2006
      Officially Declared No Asset - 03/2007
      Closed - 04/2007

      I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

      Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

      Comment

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