If you are struggling to pay all of your bills, bankruptcy is a great way to get rid of debt and keep the creditors at bay. But it only works if you do it right, and doing it right requires the help of a trained bankruptcy attorney. There are just too many pitfalls along the way that can cause your case to be dismissed, or send you into a Chapter 13 when you prefer a Chapter 7, or get the bankruptcy Trustee to claim the filing is an abuse of the process. If you have decided to file bankruptcy to help improve your financial situation, call us for help and let us explain how it works and tell you what to expect.
Other than being given an overall explanation of what is involved in filing for bankruptcy, we will also let you know some of the things you should not do if you want your case to succeed. Along those lines, here are three ways to sink your bankruptcy case:
- Fail to give your attorney all of the information needed to file a case: when you file for bankruptcy you are required to list all of your debts and all of your assets. You are not permitted to give any one creditor preferential treatment, and “forgetting” to include a creditor so that you can keep your account with them in good standing will not achieve the desired result. Before your case is filed, take the time to look over the documents prepared on your behalf and alert your attorney to any discrepancy so it can be fixed before you file.
- Showing up to Court without identification: you are usually only required to go to one hearing in a bankruptcy case, and it is with the trustee assigned to you. The trustee will ask for identification and you need to be able to prove you are the same person who filed. It is possible to proceed with the hearing in front of the trustee without ID, but you do have to provide it later. If you fail to do so, your case will be dismissed.
- Having unfiled tax returns: you must have all tax returns filed when you file a case, and if not then you are required to get them filed pretty quickly after your case is filed. If you do not, the Court will not allow your case to continue and you will not get the benefit of the bankruptcy discharge.
Making the decision to file bankruptcy is one that is not arrived at without a lot of thought. If you have gone through the effort to file a case, be sure to take the steps to guarantee your case is successful. Let us help.
For more information about debt and how bankruptcy or a mortgage modification can help you, contact us at www.law-ri.com. We will help by coming up with solutions that work for you and have multiple locations to meet your needs for office visits.