what not to say to a bankruptcy attorney

That said there a few things you should never say to a bankruptcy trustee:

• A debtor should never tell their bankruptcy trustee that they quit their job so that the creditors would not be able to seize their money via a wage garnishment . ...
• A debtor’s should never tell their bankruptcy trustee that they spent money before filing bankruptcy because they didn’t want their creditors to get it. ...

Full Answer

Can I file bankruptcy without a lawyer?

If you'd like to file without an attorney, a self-help book like How to File Chapter 7 Bankruptcy by Attorney Cara O'Neill and Albin Renauer J.D. or Chapter 13 Bankruptcy: Keep Your Property & Repay Debts Over Time, by Cara O'Neill (Nolo) can help you make well-informed decisions about your bankruptcy matter.

What should you not do before filing bankruptcy?

But most people find that a bankruptcy case goes more smoothly with a bit of planning. If you're considering bankruptcy, you won't want to do the following things: purchase luxury goods and services on credit or take cash advances file before receiving a valuable asset, like an inheritance, and fail to file your tax returns.

Can a lawyer advise incurring new debt in bankruptcy?

One of those additions to the Bankruptcy Code prohibits lawyers from advising those filing bankruptcy to incur new debt. The statute makes no distinction about the kind of debt involved or the purpose served by the loan. Lawyers are not to advise incurring new debt. But I’m not your lawyer, so I can tell you what you need to know about cars.

Do I need a bankruptcy lawyer or go pro se?

You can file the case without legal help, known as going pro se, but experts typically recommend relying on a bankruptcy lawyer to handle your case. Here’s how to decide if you need a bankruptcy lawyer and what to expect whether you hire an attorney or go pro se.

What can cause a bankruptcy to be denied?

5 Reasons Your Bankruptcy Case Could Be Denied The debtor failed to attend credit counseling. Their income, expenses, and debt would allow for a Chapter 13 filing. The debtor attempted to defraud creditors or the bankruptcy court. A previous debt was discharged within the past eight years under Chapter 7.

What can you not do after filing bankruptcies?

After you file for bankruptcy protection, your creditors can't call you, or try to collect payment from you for medical bills, credit card debts, personal loans, unsecured debts, or other types of debt.

What gets forgiven in bankruptcy?

Chapter 7 bankruptcy erases or "discharges" credit card balances, medical bills, past-due rent payments, payday loans, overdue cellphone and utility bills, car loan balances, and even home mortgages in as little as four months.

Is bankruptcy something to be ashamed of?

The good side of bankruptcy; nothing to be ashamed about Financial upheavals such as job loss, high medical bills, divorce, or small business failure can often lead to bankruptcy. But the negative association many people having when it comes to filing for bankruptcy often makes them feel ashamed or embarrassed.

Can I spend money after filing Chapter 7?

Frivolous spending after you file could put your case in jeopardy. Spending money willy-nilly after you file for bankruptcy could appear like fraud and upend your court ruling.

What is the average credit score after Chapter 7?

a 500 to 550 credit scoreThe average debtor will have a 500 to 550 credit score. It may be lower if the debtor already had a bad score before filing. In summary, your credit score won't be that great after Chapter 7.

What debt doesn't go away with bankruptcy?

Child support and alimony obligations survive bankruptcy, so you'll continue to owe these debts in full, just as if you had never filed for bankruptcy. And if you use Chapter 13, you'll have to pay these debts in full through your plan.

What debts Cannot be erased during bankruptcy?

Filing for Chapter 7 bankruptcy eliminates credit card debt, medical bills and unsecured loans; however, there are some debts that cannot be discharged. Those debts include child support, spousal support obligations, student loans, judgments for damages resulting from drunk driving accidents, and most unpaid taxes.

What debts are not forgiven in bankruptcy?

Other Non-Dischargeable Debts in Bankruptcy 401k loans. Other government debt such as fines and penalties. Restitution for criminal acts. Debt arising from fraud or false pretenses.

What is the stigma of bankruptcy?

There is a stigma associated with bankruptcy that implies some failing, flaw, and/or guilt on the part of the bankruptcy filer. of bankruptcy clients as lazy or dishonest or criminal is perpetrated. However, bankruptcy fraud is the exception and not the rule.

Can a bankruptcy be forgiven?

A bankruptcy discharge releases the debtor from personal liability for certain specified types of debts. In other words, the debtor is no longer legally required to pay any debts that are discharged.

How often is Chapter 7 denied?

Frequency of Denial While some Chapter 7 bankruptcy cases are kicked out of court before discharge, statistics indicate that this isn't the norm. According to the U.S. Courts website, when Chapter 7 cases are correctly filed, they result in a successful discharge of debts more than 99 percent of the time.

Do creditors ever object to Chapter 7?

Most bankruptcy cases pass through the bankruptcy process with little objection by creditors. Because the bankruptcy system is encoded into U.S. law and companies can prepare for some debts to discharge through it, creditors usually accept discharge and generally have little standing to contest it.

Can Chapter 13 take my pension?

Fortunately, virtually all ERISA-qualified retirement accounts and pension plan funds are excluded from bankruptcy.

What to say to bankruptcy lawyer right off the bat?

What to say to your bankruptcy lawyer right off the bat? Provide every detail related to your debts: Who are your creditors, and how much do you owe to each of them? What is your relationship with them? Do you have any outstanding or potential lawsuits or claims against you? Do you have any co-signed debts ?#N#Whatever information you may remember that is in any way potentially related to the state of your debt, must be disclosed in full. Don’t be afraid to tell it how it is, as your attorney can only provide the best advice and representation if they have a complete, transparent overview of the whole situation.

What to do before filing bankruptcy?

If you are looking for professional, experienced, discreet attorneys to provide assistance and guide you to the successful closure of your bankruptcy case , the offices of Chang & Diamond APC, reliable bankruptcy lawyers, are the stop you should make. Contact us today, and schedule a free initial appointment.

Why are bankruptcy courts willing to swallow great hunks of the manual?

Some bankruptcy courts have been willing to swallow great hunks of the manual just because Congress used the collection standards in crafting the means test, usually to the debtor’s disadvantage.

What happens if you fail the means test?

The consequence of failing the means test is that you must file Chapter 13 for bankruptcy relief. Chapter 13 may or may not be a good fit for you. But we all like to have choices.

Is bankruptcy bad for old cars?

The bad news for those needing bankruptcy relief is that you are expected to keep an old car running for no more than it takes to keep a new car running. Which causes you to ask what planet do Congressmen live on, but that’s another story.

Is bankruptcy a reality?

It’s a dose of reality in a bankruptcy world sometimes divorced from reality.

Seven Signs That Your Bankruptcy Attorney is Incompetent

Below are seven signs that your bankruptcy attorney is incompetent. If you notice any combination of these signs you may want to look for someone else.

Tired of Dealing With An Incompetent Bankruptcy Attorney?

If you are tired of dealing with incompetent bankruptcy attorneys and still need help, let us know. Call us or fill out our contact form to set up a free consultation. We enjoy helping people get a fresh start.