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What to Avoid If You Are Considering Filing for Bankruptcy

Interviewer: What are some common mistakes people make before, during or after filing bankruptcy that can hurt their case and actually cause some trouble? What would be some of the common mistakes you’ve come across that people didn’t know that can cause them trouble in the bankruptcy process?

It Is Important to Have a Complete and Accurate Assessment of Your Debt Prior to Filing for Bankruptcy

Adam: Sometimes it’s about getting a complete picture of all their debt, for example, not knowing of creditors they actually have. In addition to this paperwork we discussed earlier, I also have them apply for credit reports just to see what else might be out for pending.

Adding Creditors after the Initial Filing: You Can Amend Your Bankruptcy Case Until It Is Closed

Interviewer: You just mentioned something interesting. If say the bankruptcy process was finalized and then they did discover there were actually a few other creditors. Are they able to amend that bankruptcy filing and add those creditors, or that’s just something then that they would have to take care of on their own?

Adam: Typically they can amend the filing until the case is closed. I’ve had clients that needed to amend more than once in order to have all their creditors covered. Each time there is an amendment filed, it extends the time that creditors have to respond. It could get dragged out beyond a month-long period very easily.  That is why it is important, if possible, to keep accurate records so you have almost everything you need when you consult with an attorney.

Interviewer: Once a bankruptcy case is closed, there’s no changing anything from that point?

Adam: Yes, that is correct.

By Adam Hunt

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