1) Do not give away, trade-in, or sell ANYTHING (including real estate, jewelry, cars, money, and other personal belongings) before or during the pendency of your bankruptcy case. Such actions may be seen by the trustee as a fraudulent transfer of assets prior to filing bankruptcy. Additionally, transferring assets without the trustee's permission during your bankruptcy is not allowed because your assets are then technically owned by the bankruptcy estate and do not fully belong to you.
2) Do not run up any new debt prior to filing bankruptcy! Running up new debt when you know that you will be filing bankruptcy is fraudulent. Debts incurred fraudulently cannot be discharged through bankruptcy, can cause your entire case to be thrown out, and can even lead to criminal charges.
3)
Large payments to any unsecured creditors prior to filing
bankruptcy can be considered a preferential
payment, and is not allowed. This is particularly true if
the creditor is a family member or a business associate.
Therefore, the only creditors that you
should continue to pay, both before and
after filing bankruptcy,
are secured creditors (car payments and mortgage
payments, for example). You must keep paying
these secured creditors if you want to be
able to keep those assets.
It is imperative that you make
your payments to secured creditors ON TIME after filing bankruptcy.
AUTOMATIC DEBITS MAY BE STOPPED, MAKE SURE YOU WATCH YOUR
CHECKING ACCOUNT. This is far and away the
most common cause for complications in bankruptcy cases. If you get
behind on a secured payment after filing bankruptcy, that creditor
has may make a
successful motion to vacate the automatic stay and take the
asset away from you.
We strongly suggest that you make your payments to your secured
creditors by money order or bank check (they cannot bounce)
for at least six months after your bankruptcy case is filed,
and that you send it by certified or registered mail, return-receipt
requested, so that you have proof of when they received it.
Additionally, you must get it to them
before the originally scheduled due date, not the later date given
in the grace period.
4) it is your responsibility to provide us with a complete list of creditors with correct addresses so that they receive proper notice of the bankruptcy. If a creditor does not receive proper notice of your bankruptcy because you provided us with incomplete or inaccurate information (or left them out altogether), that creditor may attempt to enforce their claim against you later on, even if you receive a discharge from the court on all your other debts.
The Central Florida law firm of Corzo and Kohrs practices in Consumer and Individual Bankruptcy throughout central Florida, including clients from Orange County, Osceola County, Seminole County, Polk County, and Pinellas County and in cities such as Orlando, Kissimmee, St. Cloud, Poinciana, Celebration, Hunter’s Creek, Ocoee, Oviedo, Avalon Park, Windermere, Altamonte Springs, Baldwin Park, Clermont, Winter Park, St. Petersburg, Seminole, Clearwater, including clients from schools such as University of Central Florida UCF, University of South Florida USF, Valencia Community College, Full Sail, and other Central Florida schools. Attorneys are available 24 hours a day and on weekends and holidays.
