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For many individuals unable to pay their debts, filing for chapter 7 or chapter 13 bankruptcy is the best way to achieve a fresh start financially. However, it’s essential to avoid making common mistakes both during and after the process. Otherwise, it may not provide you with the debt relief you are seeking. Below, learn the following errors to avoid when filing for bankruptcy.

3 Common Bankruptcy Mistakes

1. Filing for the Wrong Chapter

You have two options when filing for bankruptcy. Chapter 7 is intended for people with limited income and requires you to sell your assets, which is most commonly your home, to pay off some or all of your debts. Chapter 13 bankruptcy, on the other hand, involves reorganizing your finances so you can follow a court-mandated repayment plan to appease your lenders. In order for one of these processes to properly relieve you of debt, it’s important to choose the correct type. A bankruptcy attorney will be able to evaluate your situation and tell you which method best suits your circumstances. 

2. Continuing to Use Credit Cards

chapter 13 bankruptcyStop using your credit cards as soon as you decide to file. This is especially important if you’re pursuing chapter 7 bankruptcy, as the court carefully reviews all debts incurred during the 90 days before you file. If you rack up more than $500 of non-essential debt on any one card, the court may not allow you to liquidate it. Discuss with your bankruptcy attorney about how to budget your expenses without using your cards. 

3. Lying About Your Financials

If you’re not honest about the true state of your financial situation, your bankruptcy attorney will not be able to help you get the debt relief you need. Feeling uncomfortable about how much you owe is natural, but remember that you’re not the first person to file for chapter 7 or chapter 13 bankruptcy, and you certainly won’t be the last. Look at the process as a way to pull yourself out of an unfortunate situation, which is something that can only be done if you are upfront about what you owe.


If you’re filing for chapter 7 or chapter 13 bankruptcy, avoid the consequences of making mistakes by contacting John D. Wieser, Esq., PC. Based in Rochester, NY, this full-service law firm will guide you through the complex legal process so you can get the debt relief you need. They’re also experts in a variety of other practice areas, including family law, real estate law, and criminal defense. Visit their website to learn more, and call (585) 328-0660 to speak with a bankruptcy attorney today.

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