Before Filing

home Nicholas McCarville Home Page
bullet   Things To Know Before Filing For Bankruptcy  

Describe your case (1200 character maximum)


Use of Credit Cards before Filing

Do not use any credit cards after an attorney consultation or once you have decided to file bankruptcy. Any charges or cash advances in the months preceding filing bankruptcy, the creditor may file an adversary complaint alleging that you incurred recent charges with fraudulent intent and without the intent and/or ability to repay these debts.

Mandatory Credit Counseling

Before you can file for bankruptcy, you must consult a nonprofit credit counseling agency. To qualify for bankruptcy relief, you must show that you received credit counseling from an agency approved by the U.S. Trustee's office within the 180-day period before you filed. For more information follow this link:

Bankruptcy Counseling Information


Debt Collectors

You should be aware of The Federal Fair Debt Collection Practices Act, which prohibits unfair collection of consumer debts. A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. If the debt collectors intentionally and repeatedly violate The Federal Fair Debt Collection Practices Act before or after you retained your bankruptcy attorney, you may be able to recover damages. The following is a summary of a few prohibited debt collection practices:

  1. Contacting you directly after you told the creditor you have retained an attorney to represent you.

  2. Calling you at inconvenient times before 8 a.m. or after 9 p.m. local time.

  3. Contacts to friends, family, and employers, other than to obtain your contact information

  4. Telling your employer or co-worker that you owe money to the creditor.

  5. Calling you at work after you have told them not to.

  6. Intentional and continuous harassment or abuse in connection with a debt.

  7. Using profane or abusive language when attempting to collect a debt.

  8. Publishing you name in a list of consumers who allegedly refuse to pay debt a creditor's representative falsely representing that he is an attorney when in fact he is not licensed to practice law.

  9. Threatening you with arrest or imprisonment for failing to pay a debt.

For More information click this link.