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how do I prepare well for a successful bankruptcy?

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    how do I prepare well for a successful bankruptcy?

    do I stop using credit cards 3 months in advance of the filing? if so, why?
    do I time the filing so that it is after receiving a tax return?
    do I take out all cash from my checking account (or close the accounts for that matter)?
    do I stash cash?

    Any other insight is very much appreciated.

    Thank you all!!!

    #2
    Originally posted by RLOPE View Post
    do I stop using credit cards 3 months in advance of the filing? if so, why?
    Because you know you are insolvent. Using credit cards prior to filing for bankruptcy can be considered fraudulent use of them. Sometimes you can get away with small purchases for food or utilities, but best practice is to quit using them.

    Originally posted by RLOPE View Post
    do I time the filing so that it is after receiving a tax return?
    The timing of the tax refund is a tricky one. If you time it early in the year, after getting your refund, you need to spend that refund down on sensible things like utilities, staples for your pantry, car insurance in advance, etc. You will likely be questioned on how you spent it. Whenever you file, the "bankruptcy estate" includes any assets due you at the time of filing. They can take a percentage of your future tax refund based on the time of year. If you file early, they are probably less likely to ask for next year's refund. Of course this varies state to state and trustee to trustee.

    Originally posted by RLOPE View Post
    do I take out all cash from my checking account (or close the accounts for that matter)?
    It would be good to have the least amount in your account possible on the date of filing, because, unless you have cash exemptions in your state, that money in the bank would belong to the bankruptcy estate. You can have your checks deposited to something like a Walmart debit card to pay your bills, etc.
    Originally posted by RLOPE View Post
    do I stash cash?
    Even cash on hand is part of the bankruptcy estate. If you withdraw all your money in the account but have no legitimate accounting of how you spent it, it is a red flag to the trustee that you are, indeed, stashing cash.

    Originally posted by RLOPE View Post
    Any other insight is very much appreciated.
    Research, research, research! It's a good idea to get free consultations with as many attorneys as you need to until you feel comfortable enough to hire one. If you decide to go pro se, make sure you are well educated and know all the ins and outs of local rules in your district. It still doesn't hurt to consult with attorneys even if you decide you think you can file it yourself.

    This forum is a wonderful resource for information and advice. Everyone here has been through, is going through, or is contemplating going through the same thing you are.
    Filed pro se, made it through the 341, discharged, Closed!!!

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      #3
      free2breathe pretty much hit it on the head
      Ch 7 filed 8/15/11 341 9/22/11 Discharge 11/28/11
      The rebuilding begins

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        #4
        thank you very much. With the disaster that my finances have become, I just want to make sure I get the bankruptcy right. I will be meeting w/ an attorney today. This forum has been awesome.

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