Bankruptcy Preparation - What You Ought to Do If You Are Planning to Declare Bankruptcy


Many of us have a failing - no matter how important a task is, we tend to postpone it for another day, simply because either we are too lazy to do it, or we feel that it is too difficult. Practically no task is sacrosanct, whether it is housework, homework or tasks related to our profession. But what do you do when your financial security is at stake and you have to think about what lies ahead financially, especially if you need the services of a bankruptcy lawyer? This is one job that you can't afford to put off - bankruptcy preparation requires careful planning and organization. In fact, you can't start too soon; you should do the groundwork before the first meeting as this will give you confidence.

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The first thing that you ought to know about this process is that it is not simple; it is bound to be long-drawn out and will require a lot of hard work from you. As a first step in bankruptcy preparation, you need to get your documentation in order and assess your current finances and your liabilities. This step will tell you whether you need to exercise the bankruptcy option. The information gathered in this step will also help the lawyer representing you in formulating a legal strategy that is right for you. A reduction in legal fees may be a desirable side effect as you already have some documentation in place and have a basic understanding of your position. You only need to pay the lawyer for time spent on discussing your case rather than on fundamental issues.

You need to assess your expenditure, asset and liabilities. You should be looking at sources of income, avenues of expenditure that include mortgage or loan payments. It is a good idea to find out the equity represented by your house and car and whether you have any outstanding balances on mortgage or loan payments. Figuring out if you owe any back taxes is also an important activity that you must undertake as a part of bankruptcy preparation. You may also need to gather the payment receipts, and loan and mortgage documentation pertaining to at least a quarter of the year.

Bankruptcy preparation means that you will need to give your lawyer details of your personal life such as probable changes in your marital status, changes in the pattern of expenditure, your current debt levels and how they will affect your assets, your handling of outstanding debts and legal issues that could affect your financial status. In fact, your creditors may perceive any debts paid off to family members as an attempt to avoid your financial obligations to them, even if the debts were legitimate.


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