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Top 10 Bankruptcy Do’s & Don’ts: 10. Don’t Make Any Major Purchases Before Consulting With Your Attorney

August 15, 2014

Top 10 Bankruptcy Do's & Don'ts

Major purchases could include a car, a house or stocks and bonds but it could also include expensive electronics and jewelry. If you spend $600 or more on an item within the three months prior to filing bankruptcy that purchase will have to be disclosed in your bankruptcy pleadings.

Additionally, although you may have already received your Report of No Distribution from the local trustee reviewing your case, the U.S. Trustee could be reviewing your case under the provisions of Section 707(b)(2) and 707(b)(3) of the Bankruptcy Code to determine whether the granting of a discharge to an individual debtor “whose debts are primarily consumer debts” would not be appropriate due to a “presumption of abuse,” “bad faith,” or “totality of the circumstances.”

In which case, the US Trustee’s office is basically alleging that although you meet the requirements of a Chapter 7 bankruptcy; they still believe you have the ability to repay all or some of your debts. Our office will do our best to fight this for you, but it will make the fight much more difficult if you just made an expensive purchase that was not a necessity of life.

Now paying your regular monthly bills, such as rent, utilities, car payments, etc., are not considered major purchases. Further, if selling items is a regular source of income for you, say on Ebay or as an independent consultant of some sort, then this should have been disclosed on your bankruptcy pleadings and you can continue to conduct your business as you normally did prior to filing.

So before you sell your car to your cousin or buy a fancy laptop, justcontact us so we can make sure the purchase or sale is in your best interests.

Filed Under: Bankruptcy

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West Omaha Husker Law
1055 N 115th St
Ste 302
Omaha, NE 68154
Phone: 402-415-2525
Fax: 402-415-2551

— Practice Areas

• Divorce

• Family Law

• Bankruptcy