Mistakes to avoid before you file for bankruptcy

On Behalf of | May 9, 2023 | Bankruptcy

Bankruptcy is a legally sanctioned process that allows individuals and businesses to restructure or eliminate their debts. However, filing for bankruptcy is often a deeply emotional process and people can sometimes try to avoid it for far too long.

If you’re in debt and bankruptcy is a possibility, it’s important to avoid certain mistakes

Not exploring alternative solutions

Bankruptcy should not be your first choice for debt relief. Consider debt consolidation, credit counseling or negotiating with creditors for more favorable terms. These alternatives can help you avoid the negative impacts of bankruptcy on your credit report and financial well-being.

Depleting your retirement savings

Cashing out your retirement savings to pay off debts may lead to penalties and taxes and leave you without a financial safety net for your future. In most cases, retirement accounts are exempt from bankruptcy proceedings, which means they will be protected if you file for bankruptcy.

Incurring more debt

Taking on additional debt before filing for bankruptcy is unethical and can be considered fraudulent. If the court determines that you have incurred new debts with the intention of discharging them through bankruptcy, your case may be dismissed, and you could face legal repercussions.

Transferring assets or property

Attempting to protect your assets by transferring them to a family member or friend before filing for bankruptcy can be deemed fraudulent behavior. This may result in the court reversing the transfer, seizing the property or denying your bankruptcy discharge.

Omitting assets or income

Be truthful about your financial situation when filing for bankruptcy. Concealing assets or income can lead to the dismissal of your case, and you may face criminal charges for bankruptcy fraud.

Avoiding these mistakes and knowing your legal rights can help you navigate bankruptcy and ensure a successful outcome.