Our Bankruptcy Blog

Things to Avoid Before Bankruptcy

You should consider what to avoid before bankruptcy before making any quick decisions. If you are struggling under the stress and burden of unpaid debt, it can be tempting to make rash decisions to get relief.

But bankruptcy, while an effective financial solution for some, is a serious legal matter that you should carefully think about.

Unfortunately, many people rush into bankruptcy because of mounting financial pressures. They fail to consider whether they are in the best position to file.

Here are a few things you should avoid before filing bankruptcy, so that you can better decide if your situation is conducive for moving forward with a bankruptcy case.

Timing is Very Important When Filing for Bankruptcy

With bankruptcy, timing can be everything. If you rush and file for bankruptcy too quickly, you could make your financial situation worse.

Because you can only receive a chapter 7 discharge once every seven years and a chapter 13 discharge every six years, you want to be sure you are in the best position to file.

For example, if an individual is sick and facing mounting medical bills, it may be best for them to wait until the illness stabilizes before filing bankruptcy.

It can also be detrimental to wait too long to file bankruptcy. Before filing bankruptcy, for example, consider if you have wage garnishment in place. Filing quickly in this instance would help you to stop the garnishment and have more income for paying your bills.

Don’t Drain Your Retirement Account

Many people make the financial mistake of draining their retirement account to pay bills before filing bankruptcy.

Retirement funds are protected in bankruptcy. You may needlessly drain your nest egg to pay debt that would be wiped away with a bankruptcy discharge.

Don’t Provide False or Inaccurate Information

Honesty and full disclosure is key to a successful bankruptcy case. Failure to tell the truth on all paperwork and in all responses is the easiest way to jeopardize your case.

Not only that, but bankruptcy fraud is a serious crime, punishable by up to $250,000 in fines or even jail time.

Don’t File Before You Receive Substantial Assets

If you are anticipating a large asset, such as a settlement, inheritance, tax refund, or repayment of a loan that you made to someone else, it’s best not to file bankruptcy right away. These funds could be in jeopardy of being lost in a bankruptcy ruling.

Before you file for bankruptcy, it’s a good idea to determine if the large asset would be enough for you to get out of debt on your own without the need to file at all.

Get Help for What to Avoid Before Bankruptcy

The decision to file for bankruptcy is a difficult and lengthy one that should not be done without the legal guidance of a bankruptcy attorney that you trust. At Parker & DuFresne, we provide relief, restoration, and renewal through a compassionate approach.

Our goal is to get clients across Northeast Florida back on the road to financial stability. We specialize in bankruptcy law. Through a thorough consultation, our attorneys will help you determine if bankruptcy is the right solution for you. Contact us today to learn more!


Schedule Your Bankruptcy Consultation with Parker & DuFresne


If you have any other questions about the process of filing for bankruptcy, be sure to contact an attorney.

Contact us today to learn more!

If you’re thinking about filing for bankruptcy in Florida, it’s important to meet with a bankruptcy attorney. You can better understand your specific situation and the types of relief that might be available to you.

Call us today for a free consultation and we’ll get you on your path toward financial freedom.

Where Can I Find Help?

Dealing with bankruptcy doesn’t have to be a single-person job. The bankruptcy lawyers at Parker & DuFresne will help you determine the best course of action to help you get out from under your debt and move forward to a debt-free future.

Call today at 904-733-7766 for a free consultation, or click the button at the top of the page to schedule online.

Parker and DuFresne

Parker and DuFresne