Bankruptcy Do’s And Don’ts


Guidelines for Bankruptcy

bankruptcy dos and donts

The legal right to a fresh start under the U.S. Bankruptcy Code comes with responsibilities. Even if you’re not sure that bankruptcy’s right for you, try to keep these ideas in mind as you deal with your debt problems. Following these do’s and don’ts will protect your future ability to take full advantage of your rights under bankruptcy law.

Can I File Bankruptcy Without a Lawyer

For detailed advice about your situation and your options, there’s no substitute for talking to an experienced bankruptcy attorney. We have years of experience with bankruptcy law and do not recommend filing bankruptcy without the help of an experienced attorney. Contact us at O’Bryan Law Offices with convenient locations in Louisville, Frankfort or New Albany to Schedule a Free Consumer Bankruptcy Consultation*.

Should I File Bankruptcy?

Important things to DO while considering filing for bankruptcy

  • Stay current on your payments on home mortgages or car loans, unless you are willing to give those assets up to the creditor.
  • Contact a lawyer before you make any major financial decision or commitment.
  • Sell assets for fair market value rather than deep discounts if you need to raise cash.
  • Make sure that your list of debts is complete and accurate, you can’t discharge a debt that isn’t listed on your bankruptcy schedules.
  • Be honest with your bankruptcy lawyer about your income and assets, otherwise you could jeopardize your discharge or even be indicted for bankruptcy fraud.

Also, DO find out the fair market value of home and vehicle: If you own a home or car, it is good to know how much these assets are worth. If you have more than one mortgage or lien on your home, we may be able to assist you in removing the second or subsequent mortgage through bankruptcy.

DO an inventory of what you own: In Chapter 7 bankruptcy, your nonexempt assets can be sold, or liquidated, to pay your creditors. Therefore, before you file bankruptcy, it is a good idea to understand the nature of your assets in order to determine whether or not these assets will be subject to liquidation in Chapter 7.

What Not To Do When Filing for Bankruptcy

You’ll want to avoid the following if you’re considering filing for bankruptcy:

  • Avoid using your credit cards for six months prior to filing for bankruptcy, especially for cash advances. You might have to pay back an otherwise dischargeable debt.
  • Don’t pay more than $600 on debts owed to family members.
  • Don’t borrow from your 401(k) account to pay bills.
  • Don’t pay down any unsecured credit within 90 days of your expected filing date.
  • Don’t make more than one payment at a time on any debt if you’re leaving other bills unpaid.
  • Don’t try to shelter your assets by transferring them to others for less than fair value.

Read the full list of Bankruptcy Mistakes to Avoid.

Contact O'Bryan Law Offices for Help With Bankruptcy Do's and Don'ts

Observing these bankruptcy do’s and don’ts will help set you up to make the most of your right to debt relief under the Bankruptcy Code. For dependable advice about your own situation or particular debts, contact us at O’Bryan Law Offices or visit any of our Kentucky or Indiana locations.

In short, playing games with the system is dangerous. At O’Bryan Law Offices, our attorneys fully understand how the bankruptcy laws apply to your situation and will keep you away from any of these pitfalls.

We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.