Do’s and Don’ts of Bankruptcy

Do:

Be entirely honest with your attorney. He/ She can only represent you effectively (and ethically) if he/ she knows all of the facts.

List all of your creditors in your schedules, even those which you intend to pay back (such as friends/family) and those you must pay (such as taxes or child support).

Complete the Client Worksheet to the best of your ability. Your attorney is charging you a reasonable, flat fee based on the assumption that you will provide him/her with all the financial information needed and that he/she won’t have to ask for it.

Continue making your regular monthly payments on your mortgage, car loan, etc. (assuming you wish to keep the collateral). Be aware that some secured creditors(especially car lenders) might stop sending you a monthly statement; this does not excuse you from remembering to timely make the monthly payment.

Ask questions until you feel comfortable that you understand the answers which your attorney is providing you. 

THERE IS NO SUCH THING AS A STUPID QUESTION!

Don’ts:

DON'T feel bad about considering bankruptcy as an option -- sometimes life just happens.

DON'T continue to use your credit cards if planning to file for bankruptcy in the near future.

DON’T
pay off a creditor immediately before filing your bankruptcy, unless you have cleared it with your attorney in advance.

DON’T
ignore  requests for documents from the Trustee appointed to your case; he can have your discharge denied for lack of cooperation.

DON’T sell, transfer, or give away any of your property prior to or during your bankruptcy without first discussing it with your attorney.

DON’T continue paying your dischargeable, unsecured debts (such as credit cards) after you have decided you are filing bankruptcy, but before you file. You are just throwing money away. Learn to deal with the telephone calls... or refer the creditors to your attorney.

DON’T forget to list any of your creditors, their collection agents or attorneys. People who are not listed will not receive notice from the bankruptcy court and will continue contacting you.

DON’T hide any information from your attorney or the Trustee appointed to your case. This especially applies to non-disclosure of debts to family members or friends or payments made to these “insiders” in the prior to filing bankruptcy.