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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.

Presently the average American is over 100% in debt. That means that over 100% of their earnings should go to pay off their debt. With the economy in free fall and unemployment on the rise, over 5 million homeowners are facing an unfortunate reality of a lost job and tough times ahead. If you’re one of these American’s, you have already looked to the future and realized how far you can stretch what limited cash assets you have that have not disappeared into ether. Some say we must go back to consider life’s essentials: Shelter, Electricity, and Food.

Unsecured Debt: This is your credit cards. Pick up the phone, call your Credit Card Company and say, “I am broke, am considering declaring bankruptcy and need to speak to a Supervisor”. After you do that, ask the supervisor if you can do one of the following: (1) Make a one-time payment to satisfy the debt; (2) Request a reduction in payment, making sure that the reduction includes a reduction in your monthly interest payments. Have your attorney contact the Company if they say “No” to either (1) or Don’t be shy!! Don’t be embarrassed!! Disengage yourself and act as if you’re calling for your teenager and you just found out she bought $6,000 purse online and you want to send it back. By disengaging yourself your emotions are restrained, and you can be more objective to getting the best deal.

Bankruptcy: After you have completed re-negotiating your unsecured debt (credit cards), and secured debt (boats and cars); you can now re-evaluate your monthly financial situation. If it looks and feels a little bit better, then be positive. If after a few days, or even months, it seems to have had little to no impact, then it may be time to declare bankruptcy. Bankruptcy is no longer the end of diplomatic relations with your creditors, but it does require that you seek an attorney if you want to maximize your effectiveness in what assets you are allowed to maintain and not sell. If you declare bankruptcy, but want to keep the car you are still paying for then you can keep it out of bankruptcy. As long as it is secured by another creditor, you do not have to declare bankruptcy on the item. Normally in bankruptcy, unless a car has a secured loan on it outside of bankruptcy, you are allowed to keep a car with a value of up to $5,000 to avoid a forced sale if you own the car free and clear. Consult an attorney for the best approach when declaring bankruptcy or debt reduction to fully understand your rights prior to declaration.

Foreclosure: After you have addressed your secured and unsecured creditors, it is time to address your mortgage. In Florida, we have the protection of the Homestead Exemption Statute. Without going into too much detail, what it essentially means is that unless you have a mechanics lien, or a judicial decree, nobody can take your home away but your mortgage company (unless eminent domain issues apply). Just as you did with your secured and unsecured debt, you want to call your mortgage company. First, you pick up the phone and say, “I lost my job, I have no money and I believe I am not going to be able to pay my mortgage shortly.” Your options are similar as before: (1) Lower my interest rates or monthly payments, (2) Restructure my loan agreement, or (3) Talk to my attorney because I can’t afford my house. After this phone call is made, you need to consult an attorney about the next step to take. You need to consult an attorney before you make one more house payment. Do not worry because you are not going to get kicked out of your house tomorrow.

Fortnuately, new law is pending in Congress that will allow you to restructure with your bank without consideration. Something previously only allowed between merchants in contract law. We have all seen claims that can be postponed indefinitely. The fact is nobody really knows how long it can be postponed, as the courts begin to be clogged with foreclosures; yet, if you have to pay a power bill or your mortgage at this point – pay your power bill. The electrical company can cut you off, there is no laws that say they have to put you back on. The power company is absolute. You consumed the power, so consider your wallet wisely if you know your going to go under with your mortgage conserve your assets to take care of the same things our grandparents would a roof over your head, electricity, and food. It is the ultimate fall back situation, but faced with the alternative many of us will have little choice but to recess until the billion dollar budget plans put in place by the federal government, and a general credit stabilization takes place.

There is no need to be ashamed nor afraid; you are a survivor and this is part of surviving. Material things can be replaced. See your icebergs before they arrive, and start planning ahead. Keep a three (3) month plan in place, if you get within the ninety (90) day period and do not see the light at the end of the tunnel, you must hunker down and take care of the primary things that support life – shelter, electricity, and food.

James Kunkel is a contributory to the AIM Law Group. The AIM Law Group’s practice areas include debt reduction, bankruptcy, and Orlando Foreclosure Lawyers. The AIM Law Group Orlando Lawyersoffices in Central Florida. We work with the Ohio Bankruptcy lawyer and Foreclosure Prevention Ohio