If you’re having money problems, filing bankruptcy could be the answer. To secure a clean slate and discharge applicable debts, though, there are certain steps you must take—and certain mistakes to avoid along the way. Here are a few of the most common missteps that prevent individuals from regaining their financial footing by filing bankruptcy.
3 Mistakes to Avoid Before Filing Bankruptcy
1. Failing to Budget for Necessities
Regardless of whether you plan on filing chapter 7 or chapter 13, you will have to cover basic necessities before, during, and after the proceedings—without using a credit card. Therefore, it’s wise to devise a reasonable budget as soon as you decide to declare bankruptcy. A knowledgeable attorney can explain which debts are dischargeable — so you do not have to include them in the budget — and which are not — so you know to keep making their minimum payments.
2. Running Up Credit Cards
If you charge more than $500 on luxury goods or services to a single account within 90 days of filing, you will not be able to discharge the purchases during the proceedings. In the state of North Carolina, cash advances that exceed $750 are also non-dischargeable if they occur within 70 days of filing.
3. Not Tracking All Streams of Income
Failing to report all sources of income on the bankruptcy petition is considered fraud. Even if you make the mistake inadvertently—perhaps you sell items online but haven’t completed a transaction in months, for example—the consequences could be serious. Depending on the circumstances, bankruptcy fraud can result in hefty fines and even jail time.
If you’re thinking about filing bankruptcy in North Carolina, turn to the Law Office of James B. Mallory III. Located in Statesville, this firm is led by a seasoned attorney who has over three decades of experience helping clients overcome seemingly insurmountable financial hurdles. Visit the practice online to learn more about the debt help they provide, or call (704) 872-1911 to schedule a case review today.