Answer FileBankruptcy

What should I avoid doing before filing bankruptcy?

The answer, cited

Do not transfer assets to relatives, repay family loans, or run up credit cards. Trustees can claw back preferential payments (11 U.S.C. § 547) and fraudulent transfers (11 U.S.C. § 548), and recent luxury purchases and cash advances above statutory thresholds are presumed nondischargeable (11 U.S.C. § 523(a)(2)(C)).

Paying back a parent's loan creates a preference the trustee can recover from the parent — the lookback is 90 days for ordinary creditors and a full year for insiders (11 U.S.C. § 547). Putting the car in a sibling's name is a transfer the trustee can avoid, reaching back two years federally (11 U.S.C. § 548) and four under California's voidable transaction law. Charging purchases backfires too: luxury goods bought within 90 days of filing above the statutory threshold, and cash advances within 70 days, are presumed nondischargeable (11 U.S.C. § 523(a)(2)(C)). Draining retirement accounts is worse — qualified retirement funds are protected in bankruptcy, and cashing out converts a shielded asset into exposed cash plus a tax bill. The productive preparation: gather tax returns and six months of pay records, complete the required credit counseling (11 U.S.C. § 109(h)), keep paying secured debts on property you want to keep, and disclose everything — schedules are signed under penalty of perjury, and concealment costs the discharge.

Authority: 11 U.S.C. § 523(a)(2)(C)

Legal information, not legal advice.

More from this answer file

Counsel for this matter

Read the record. Then decide.

Describe your matter once, review the verified records, and place the call — the choice is always yours.

Find Your Counsel

195,000+ attorneys · 58 counties · Official State Bar records