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Bankruptcy Do's and Don'ts

Advice from a Michigan Bankruptcy Lawyer

If your finances are in trouble and you have started looking at ways to get out of debt, you have probably considered filing for bankruptcy. The bankruptcy process, whether you're filing under Chapter 7 or Chapter 13, involves many steps that a Michigan bankruptcy attorney can explain to ensure you have a thorough understanding of the process. There are also some things you should and shouldn't do before filing a bankruptcy petition to make sure that your petition is approved.

Here are some basic bankruptcy do's and don'ts:

  • Do not use a credit card to pay your taxes - If you pay your taxes with a credit card, you may not be able to discharge the debt at a later point in time. Even though paying your taxes with a credit card may solve an immediate problem, it can lead to future financial difficulties.
  • Do not use credit card cash advances to pay another card - The court may not approve the discharging of certain debts when you take money from one credit card to pay another.
  • Don't incur more debts if you are considering bankruptcy - Any debts incurred just prior to bankruptcy may not be discharged.
  • Don't transfer title to your home, car or other property to a family member or friend - When you file for bankruptcy, the court may consider these types of transfers a type of fraud and deny your petition.
  • Do file your taxes - Even if you are unable to pay the amount of taxes that you owe, filing your returns is extremely important. Tax information will be requested by the court if you decide to file for bankruptcy. Without this data, your debts may not be discharged.
  • Do provide accurate information on your bankruptcy petition - Falsifying data on your bankruptcy petition can get you in serious trouble and can result in your petition being denied.
  • Do contact a lawyer - A bankruptcy attorney can advise on the best way to proceed if you are considering filing for bankruptcy, and help you avoid mistakes that could result in the denial of your petition.

Legal Representation in Sterling Heights & Warren

My firm, Hensel Law Office, PLLC has over 12 years of experience representing clients in bankruptcy cases throughout Madison Heights, Royal Oak, Sterling Heights, Clinton Township, and Warren. As a Michigan bankruptcy lawyer, I will make sure that you are in compliance with state and federal bankruptcy statutes, and prevent any errors from being made that could jeopardize your petition.

Contact my firm for a free initial consultation to find out what to do and what not to do if you are considering bankruptcy.

Client Testimonials

  • He always responded quickly and intelligently.

    “Mr. Hensel made a difficult and uncomfortable situation as easy as possible for me. He always responded quickly and intelligently to my questions and never made me feel as if I were bothering him. He explained the unknown aspects of bankruptcy, the court system, and my options in clearly understandable terms. I felt confident that he was handling my case in the best possible manner and in my best possible interests. I feel lucky to have found the Hensel Law Office and I never hesitate to refer others who could use assistance - because I know they will get superior service and help.”

    Kelly

  • Sincerest thanks for all of your help in affording me what I consider a real "fresh start."

    “I wanted to give you my sincerest thanks for all of your help in affording me what I consider a real "fresh start". My divorce was unfortunate but definitely a needed change for the better. However, the financial side of things still seemed to keep that past linked, which makes this an enormous weight lifted. I just can't believe the impact it's made on my outlook with...everything.I will be sure to keep your business cards handy to distribute along with highly favorable words of recommendation should the needs arise.Thank you again for your time and professional guidance.”

    Michelle

  • We have and will continue to recommend you to others in need of a fresh start.

    “Dear Tom, my husband and I wanted to express our deepest thanks for the help you gave us during our embarrassing and stressful time. I was very impressed that you returned every phone call in a timely manner. You were able to explain exactly what was going to happen in words that "we" could understand. You answered every question we threw at you. The whole bankruptcy process from start to finish was complete in the time you told us it would take. Your professionalism yet friendliness made the whole experience for us almost enjoyable... almost! We have and will continue to recommend you to others in need of a fresh start.”

    Melissa

  • Tom was the most professional.

    “I researched 3 attorneys before signing with the Hensel Law Office for my bankruptcy proceedings. Tom was the most professional and he explained all of my questions without trying to make a quick buck on me. I would recommend Hensel Law Office to my friends or family going through a similar difficult situation.”

    Jerry

  • I greatly appreciate your time and effort.

    “It was a great pleasure and relief working with you through that tough time. I greatly appreciate your time and effort on our case. I will gladly and confidently recommend you to anyone I know facing a tough financial time requiring your expertise.”

    Jay