Stop using your credit cards and don't incur any additional credit. Once you have decided to file for bankruptcy, you should not use your credit cards nor incur any additional credit from that point forward. Any recent purchases or recent cash advances can be held still due and owing after you file for bankruptcy. The rational is that you never intended to pay those debts back and is therefore, tantamount to fraud. If you're seeking a fresh start, do your best to insure that you will in fact receive that fresh start. The credit card issuers are very aware of attempts to run-up charges on credit cards. This also applies to cash advances. If you take a cash advance too close to filing bankruptcy, you are likely to see an objection from the particular credit card issuer. The objection comes in the form of an adversarial complaint. If the creditor is successful in their objection, the amount of the recent advance(s) will be held due and owing after your bankruptcy case.
Take the required credit counseling briefing
Before a Chapter 7 bankruptcy case can be filed, you must take a credit counseling briefing from an approved credit counseling agency. This credit counseling briefing can be done on the internet or on the telephone. The entire briefing typically takes less than one hour and at the time of this writing costs approximately $50.00. The credit counseling briefing requires that you provide information as to your monthly income and expenses as well as a listing of your creditors. This briefing must be completed within 180 days prior to filing bankruptcy.
File your taxes
You must file your most recent year's taxes to qualify for Chapter 7 bankruptcy relief. Although this seems like a simple requirement, you would be amazed at the number of individuals who have not filed their most recent taxes. A copy of the return will be forwarded to your assigned bankruptcy trustee after your case is filed. You must also provide your most recent tax return to any creditor who requests it.
Provide your most recent pay advices
You must provide the most recent 60 days worth of paycheck stubs at the time your case is filed. These will be forwarded to your assigned bankruptcy trustee or may be filed with the Clerk of the U.S. Bankruptcy Court. This measure is in place to make sure that the amount listed on the petition for monthly income is in fact accurate. If you receive income from a source other than employment, evidence of that income must be provided just as if is was a paycheck stub. Once you are aware that you are likely going to file bankruptcy, keep copies of all of your paycheck stubs in an organized manner.
Pre Filing Bankruptcy Counseling
This year President Bush signed a bill to change the bankruptcy law. This will go into effect this October of 2005. The new bankruptcy law will make it more difficult to file for bankruptcy. This may be bad news to individuals who are drowning in debt. On the other hand it is good news to business and individuals that work very hard to maintain good credit and not suffer from profit loss.
When the new bankruptcy law goes into effect it will be harder for anyone to file for chapter 7 and chapter 11 bankruptcy. Filing for chapter 13 bankruptcy will be your most likely option.
What is Chapter 13 bankruptcy? It is an option that is given to those who have any kind of steady income. Basically, anyone who has a job. It is a payment plan and not a way to wipe a way your debt. Which means the days of wiping the slate clean are over. However Chapter 13 does protect your assets. The court devises a payment plan in which you are to pay to a trustee that is appointed by the court. Usually the payments are to be paid off in three years time. There are some exceptions, but that is up to the courts to decide.
So now that the bankruptcy law is changing what are some things people should do to avoid debt?
One very important thing is to never live outside your own means. If you have credit cards don't use them as if you will have the money every month to pay the minimum balance. Be prepared for the unexpected such as a loss of your job or loss of any other source of income. This is where some people get into trouble. Protect yourself and your assets by being insured. Some people get into debt due to unexpected medical expenses or property damage. When you don't have a way to help cover these expenses you will find your self in some kind of debt.
Try and keep some money off to the side in case some kind of unplanned expense should arise. Have some kind of back up plan to avoid the need for bankruptcy.
One of the reasons for the bankruptcy law change is because of over use of the system. There are actually some people who pre plan filing for bankruptcy as they abuse their credit cards. It sounds hard to believe, but it is true.
One may ask how this is fair to the people who didn't do anything wrong and still landed them self in debt? Unfortunately changes in the law aren't always fair to those who did nothing wrong. As the old saying goes, " It only takes one bad apple to spoil the bunch".
The only thing we can do now is become more responsible about our finances. Take more steps to avoid the need to ever file for bankruptcy.
Both David Siegel & Robert Michael are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.
David Siegel has sinced written about articles on various topics from Dental Practice, Bankruptcy Law and Estate Planning. David M. Siegel is the author of Chapter 7 Success: The Complete Guide to Surviving Personal Bankruptcy. He is a member of the American Bankruptcy Institute and currently practices bankruptcy law in Chicago and its surrounding suburbs. Additional informat. David Siegel's top article generates over 6600 views. to your Favourites.
Robert Michael has sinced written about articles on various topics from Marketing, Banking and Real Estate. Robert Michael is a writer for which is an excellent place to find bankruptcy links, resources and articles. For more information go to:. Robert Michael's top article generates over 49500 views. to your Favourites.
Clean Up Credit Rating Use only about 50 to 60 of available credit. - Pay early whenever you are able. - Have no more than 4 credit cards, maximum. - Never be late again!