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What NOT to do when preparing for bankruptcy


If you are considering filing for bankruptcy there are some very important things you should avoid doing as these things may have an effect on your future bankruptcy. Things you should not do include:

Stop using your credit cards if you plan to file bankruptcy. Money that is borrowed without an intent to repay may not be dischargeable. Also, certain expenses for luxury purchases or cash advances made within 90 days of filing bankruptcy are assumed to be non-dischargeable debt.

Do not transfer assets to family or friends. If you do so, the bankruptcy court may consider it as fraudulent conveyance, which may lead to loss of property and privilege to bankruptcy.

Do not destroy business or financial records. Make sure to collect them and note the amount owed so you can use them for your bankruptcy petition.

Do not file for bankruptcy to solely to delay a creditor. The purpose for bankruptcy is to deal with situations where you can no longer afford your debts. You and your attorney must certify that the petition is not filed "for any improper purpose, such as to harass or to cause unnecessary delay" any of your creditors.

Make sure you disclose everything to your attorney. Your attorney is there to help you, so help them by giving them proper financial information. Even let them know of your gold hidden in your backyard! It is your lawyer's job to make sure all of your property is protected. Make sure to disclose all your financial information because bankruptcy fraud is a serious crime. The failure to disclose information could result in your bankruptcy being denied or revoked, even it if was a mistake. You may even face perjury charges is you fail to disclose information.

If you have any questions about bankruptcy, contact an Orange County Bankruptcy Attorney at 1st California Law Inc today!

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