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November 18, 2009

What Can I Do to Prepare for Bankruptcy?

We all know people who claim to be legal experts but have no formal training. If such a person has told you that you should run up your credit cards before you file for bankruptcy because all your debt will be discharged anyway, please disregard their advice. If the Bankruptcy Court senses that you are acting in bad faith and taking advantage of the system then they will dismiss your claim. Therefore, to get the Bankruptcy Court to stay on your side and give you the benefit of the doubt, you need to make sure you have not used your credits cards within 90 days prior to filing for bankruptcy.

You are considering filing for bankruptcy because you do not have enough income to pay your creditors. It is best practice, however, to continue to pay at least one or two of your creditors before you file for bankruptcy. You want the Bankruptcy Court not only to see how you have no other alternative than to file, but you also want the Bankruptcy Court to see that you are the type of citizen who would make all of your payments if you had the means to do so.

One of the most important things you can do prior to filing for bankruptcy is to collect certain types of information. This will save you time and stress and help your attorney expeditiously file your petition. You will want to document or gather the following: (1) Mortgage(s) – Determine what your current appraisal value is as well as your pay-off amount, determine the mortgagors information, and determine what your monthly payments are and how many payments you are behind, if applicable; (2) Vehicle(s) – Ascertain the market value of all your vehicles, and if financed or leased, collect the lenders information and the pay-off amount; (3) Personal Property – make a list and place a value on your collective furniture and furnishings, collective clothing and apparel, collective jewelry, cash on hand, balance in checking and savings accounts, and any pensions plans; (4) List of Unsecured Creditors – Collect the addresses of all your unsecured creditors (i.e., credit cards, medical bills, personal loans, cash advances) and how much you owe; (5) Pay Stubs – - Obtain pay stubs or proof of income for the 3 months prior to filing.

Make sure you have filed all your taxes with the Internal Revenue Service. The Bankruptcy Court will require that you be current on your taxes and usually, as is the case in Los Angeles courts, will require you to furnish your returns from the past two years. In addition, it is a tremendous help for your attorney to have your tax returns when drafting your petition to ensure all of your numbers are consistent. Do not worry if you do not have a copy of your tax returns because you can get a copy mailed to you from the IRS in just a couple weeks.

Sit down for a few minutes with your bank or credit card statements and add up all of your regular monthly expenses. You want to make sure you include all of your expenditures so the Bankruptcy Court can get an accurate idea of your financial hardship. You of course have the standard expenditures like rent and transportation, but there are also other noteworthy expenditures that many people overlook, such as food, clothing, insurance, laundry, medical, alimony, school expenses, and personal care items.

A bankruptcy petition is commonly over 60 pages in length and peppered with complex legal terms. Save yourself the countless hours of research, numerous amendments with the Bankruptcy Court, and possible dismissal of your claim. Retain a qualified bankruptcy attorney to handle the work for you.

Bankruptcy Lawyer Los Angeles – Law Offices of Alon Darvish

Filed under Credit by Alon Darvish

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