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We all know people who claim to be legal experts but have no formal training. If such a person has told you that you should run up your credit cards before you file for bankruptcy because all your debt will be discharged anyway, please disregard their advice. If the Bankruptcy Court senses that you are acting in bad faith and taking advantage of the system then they will dismiss your claim. Therefore, to get the Bankruptcy Court to stay on your side and give you the benefit of the doubt, you need to make sure you have not used your credits cards within 90 days prior to filing for bankruptcy.

It is understandable that most people who are filing for bankruptcy are doing so because they have little or no money to pay their debts. It is, however, a great idea to make some payments at least to some of your creditors with any disposable income you may have. It will help your cause with the Bankruptcy Court when they perceive that you are willing and would make payments to all your creditors if you had the means.

Bankruptcy petitions require mounds of information and financial data. Thus you can reduce your stress and help your attorney file your claim quickly by doing some homework. You will want to document or gather the following: (1) Mortgage(s) – Determine what your current appraisal value is as well as your pay-off amount, determine the mortgagors information, and determine what your monthly payments are and how many payments you are behind, if applicable; (2) Vehicle(s) – Ascertain the market value of all your vehicles, and if financed or leased, collect the lenders information and the pay-off amount; (3) Personal Property – make a list and place a value on your collective furniture and furnishings, collective clothing and apparel, collective jewelry, cash on hand, balance in checking and savings accounts, and any pensions plans; (4) List of Unsecured Creditors – Collect the addresses of all your unsecured creditors (i.e., credit cards, medical bills, personal loans, cash advances) and how much you owe; (5) Pay Stubs – Obtain pay stubs or proof of income for the 3 months prior to filing.

Make sure you have filed all your taxes with the Internal Revenue Service. The Bankruptcy Court will require that you be current on your taxes and usually, as is the case in Los Angeles courts, will require you to furnish your returns from the past two years. In addition, it is a tremendous help for your attorney to have your tax returns when drafting your petition to ensure all of your numbers are consistent. Do not worry if you do not have a copy of your tax returns because you can get a copy mailed to you from the IRS in just a couple weeks.

A complete accounting of all your expenditures can be extremely helpful in allowing the Bankruptcy Court to get a better sense of your financial pressure. Using your bank statements, your credit card statements, and your memory make a list of all of your regular monthly expenditures. Remember to include expenditures on items such as food, clothing, laundry, medications, taxes, alimony, school expenses, and personal care items.

When you are dealing with complex matters that can affect you for years to come it is a great idea to retain a specialist. Since you are reading this article it is likely that you are not bankruptcy savvy. Therefore, hire a qualified bankruptcy attorney to help you file and save yourself the stress of drafting a petition and the stress of having your petition dismissed for failing to provide correct information.

If you are contemplating a fresh start, think about filing for Bankruptcy. The Law Offices of Alon Darvish helps individuals file for bankruptcy.

If you have a security clearance for your occupation and end up getting charged with a criminal case or drunk driving offense, you may be worried about losing your clearance. And with good reason. You will have to fill out a form when you renew your clearance, and there is a question on the form asking if you have been charged or issued a ticket for any criminal or drunk driving offense.

Notice that the question is not whether you have been convicted, but rather if you have been charged. These are two very different things. Anyone can charge anyone with anything at any time in the US, but it takes the government proving your guilt beyond a reasonable doubt for a jury to convict you.

The agency reviewing your clearance form does a “whole person” analysis, meaning the agency considers whether the entirety of your profile would qualify you for a clearance. Thus, there is no bright-line rule as to whether your charges or convictions will disqualify you.

This is important for main two reasons. One, you should not assume that any one charge or conviction will automatically cause you to lose your clearance. And two, even if you are found not guilty in court, you still must explain and mitigate your charges. For example, if you get drunk driving charges dismissed, it is still a good idea to enroll in some sort of alcohol counseling anyway to smooth over the fact that you got the charge.

Still, there are some general rules to consider. One is that if the court is lenient with you, the panel reviewing your form will look favorably on that fact. Another factor is that domestic violence convictions are usually an automatic disqualifier.

The best rule of thumb is that you should work with an experienced criminal defense attorney to garner the best possible outcome with the least amount of risk. Even if you lose your clearance, you still need to position yourself for obtaining other employment by minimizing the hit to your criminal record.