If you are contemplating the need to file for bankruptcy then it is important to avoid these common pitfalls that can affect the success of your bankruptcy. Some of the financial actions and various behavioral actions can affect your ability in achieving a Chapter 7 or Chapter 13 bankruptcy discharge.
By providing erroneous, partial or deceitful information on either your bankruptcy paperwork or at your 341 Meeting of Creditors you will be charged with perjury. Misrepresenting the information that will be used in the judgement of your discharge can lead to criminal prosecution. You also need to make sure that all of your bankruptcy paperwork is filled out correctly. The bankruptcy attorney that is representing your needs to make sure that the paperwork is complete in full. If any of the boxes are left empty you will need to make sure that amendments and additional paperwork is done to correct the issue.
Make sure to list all of the creditors and debt that you wish to discharge. If at some point it is realized that an asset is not included a Chapter 7 trustee make choose to repossess the property. The case may be dismissed if you forget any of the much needed schedules or forms that are needed. If you forget a debt then this debt will not be considered in the discharge agreement. Similarly if you forget to list an asset it may be taken away from you. The process of completely filling out paperwork for your bankruptcy is needed to guarantee a smooth bankruptcy proceeding.
Next you must make sure that you have filed tax returns for the two years prior to filing for bankruptcy. Better yet make sure you are up to date in filing all of your federal and state tax returns to ensure proper processing. You will not be able to move forward with the bankruptcy proceedings unless you file the past tax returns.
You should also never continue to rack up new debt when you are about to file for bankruptcy. Any debt that is racked up between seventy and ninety days prior to filing for bankruptcy this debt may be denied in the discharge of your bankruptcy. Any luxury item that is bought on credit within ninety days of filing for bankruptcy in an amount greater than six hundred dollars may also be denied discharge as well. Creditors may claim that there was an intention to deceive and that there was no intent to repay the debt.
There are several other unique situations your bankruptcy attorney will advise you to stay away from in the months before you begin the process of filing for divorce such as: moving assets around, selectively repaying only certain loans, ignoring impending collection actions or file for bankruptcy just before you are about to get a substantial payout or asset.
Bohikian Law Group specializes in chapter 7 and chapter 13 bankruptcies in Michigan. Contact us today to find a bankruptcy attorney that will help you in debt relief at http://www.bohikianlaw.com/ today.
No comments:
Post a Comment