24 YEARS EXPERIENCE IN CONSUMER BANKRUPTCY

DEBT REORGANIZATION

LICENSED IN KENTUCKY & INDIANA

MEMBER OF AMERICAN BANKRUPTCY INSTITUTE

 

7 Mistakes To Avoid Prior to Filing Bankruptcy The actions an individual takes leading up to filing bankruptcy can drastically affect his ability to get a "fresh start". By avoiding these seven mistakes, one can travel successfully through the bankruptcy process without losing a pound of flesh.

1. THE CREDIT CARD RUN-UP MISTAKE: Don't use your credit cards once you have made your decision to file bankruptcy. Consumer debts incurred fro luxury goods and services owed to a single creditor in excess of %500.00 within 90 days of filing are presumed to be nondischageable and may be found to be due and owing. Cash advances of more than %750.00 within 70 days of filing are presumed to be nondischargeable and may be found to be due and owing. don't jeopardize your "fresh start" by running up your credit cards.

2. THE REPAY A FAMILY MEMBER MISTAKE: With regard to repaying debts, you cannot treat your family member any better than you would an ordinary creditor. In fact, a bankruptcy trustee can reclaim any amount repaid to a family member within one year of filing bankruptcy.

3. THE LIQUIDATE YOUR RETIREMENT MISTAKE: Retirement accounts are generally protected. You can eliminate your debt and keep whatever you have in an ERISA qualified account, free and clear. many individuals drain their retirement accounts in a futile attempt to pay down credit card debt.

4. THE TRANSFER PROPERTY OUT OF YOUR NAME MISTAKE: A bankruptcy trustee can undo a transfer of property that previously belonged to you. This can occur if the transfer was made within two years of the filing of bankruptcy with the intent to hinder, delay or defraud a creditor.

5. THE LINE OF CREDIT/SECOND MORTGAGE TO PAY DEBT MISTAKE: Don't take a loan against your real estate in an effort to reduce the equity. You can often file bankruptcy and not lose this valuable asset. If you take out a second mortgage to pay credit card debt, you may be putting your house at risk.

6. THE FAILURE TO APPEAR AT COURT PROCEEDINGS MISTAKE: If there's a collection case pending against you in state of deferal court, don't assume that you can avoid the court process simply because you've decided to file bankruptcy. Until your bankruptcy case is filed, a collection case continues.

7. THE FAILURE TO TELL YOUR ATTORNEY THE TRUTH< THE WHOLE TRUTH AND NOTHING BUT THE TRUTH MISTAKE: An attorney can only provide advice based upon information provided by the client. Failure to notify your attorney abou your assets can lead to the loss of those assets, denial of your bankruptcy case, fines, imprisonment or all of the above.

Richard A. Schwartz
6040 Dutchmans Lane
Two Paragon Centre, Suite 220
Louisville, KY 40219
(502)485-9200
(502)485-9220

rick@ksm-law.com

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EVENING & WEEKEND APPOINTMENTS AVAILABLE

Richard A. Schwartz, Kentucky and Indiana bankruptcy & debt reorganization attorney concentrating in chapter 7 and 13 cases with an emphasis in stopping lawsuits, wage garnishments and creditor harassment

Richard A. Schwartz, Attorney at Law has two convenient locations to serve you:

Louisville, KY Office Location
6040 Dutchmans Lane, Suite 220
Louisville, KY 40205
Telephone: 502-485-9200

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Kentucky Counties & Cities Served

Counties: Jefferson, Oldham, Hardin, Bullitt, Nelson, Meade, Breckinridge, Larue, Marion, Spencer, Washington

Cities: Louisville, LaGrange, Shepherdsville, Mt. Washington, Taylorsville, Elizabethtown, Bardstown, Brandenburg, Crestwood, Prospect.

 

New Albany, IN Office Location
810 East Market Street
New Albany, IN 47150
Telephone: 812-945-9200

Directions

Indiana Counties & Cities Served:

Counties: Floyd, Clark, Harrison, Scott, Jefferson, Crawford, Washington, Jackson, Jennings, Lawrence, Ripley, Dearborn, Ohio, Switzerland, Orange
Cities: New Albany, Clarksville, Jeffersonville, Charlestown, Madison, Scottsburg, Corydon, Salem, Seymour, North Vernon, Campbellsburg, Hardinsburg, Memphis, Palmyra, Austin, Pekin, Ramsey, Underwood, French Lick, Paoli, New Salisbury.

 

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