How Do I Prepare for a Bankruptcy Filing?

building blocks saying PLANDeciding to seek bankruptcy protection is a big decision. You may be receiving advice from friends and family, but it is important to make your own decision and then contact us for the guidance you need. Preparing for your filing takes time and we want to formulate the best strategy for your individual circumstances.

When you are preparing for a bankruptcy filing, below are a few things we will want to discuss with you:

Taxes.  If possible, you should file your personal and your business’  tax returns before you file your bankruptcy case.

Mortgage loans.  It is common for debtors to stop paying their mortgage in the months leading up to their bankruptcy filing. It is important to understand that you cannot keep your home  (or any other asset pledged as collateral for a loan) if you do not pay your mortgage  loan. Falling behind on your loan payments can result in your creditor obtaining relief from the automatic stay and permission to foreclose  on your home  in a Chapter 7 case. If you file an individual Chapter 11 or a Chapter 13, you can get caught-up on your past due amounts through your  plan.

Financial records. It is helpful to us if you have organized your financial records before you meet with us. When we file your case, you are required to disclose all of your assets, debts, creditors, income and expenditures.

Initial consultation. When you first meet with us, it is important to have your questions written down. We will explain what to expect in your case and how the process works, but we also want to make sure you leave with answers to all of the questions you have.

Please keep in mind that every case is different. If you have questions about filing a personal bankruptcy or how to prepare for your case, and you would like to schedule a no-cost consultation, please contact our office by completing the form on this website or calling us at (954) 932-5377.


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