5 Costly Mistakes to Avoid Before Filing Bankruptcy

author by Brian West on May. 09, 2025

Bankruptcy & Debt Bankruptcy Bankruptcy & Debt  Credit & Debt Bankruptcy & Debt 

Summary: Don't Make These 5 Common Mistakes Before Filing Bankruptcy.

⚠️ 1. Draining Retirement Accounts to Pay Debts

Why it’s a mistake:
Retirement funds like 401(k)s and IRAs are usually protected in bankruptcy. Using them to pay off credit cards or loans could leave you broke — and still in need of bankruptcy.

Tip: Talk to a bankruptcy attorney before withdrawing retirement funds.


⚠️ 2. Transferring Property to Friends or Family

Why it’s a mistake:
Courts may see this as an attempt to hide assets. Transfers made shortly before filing can be reversed, and it may even lead to denial of your case.

Tip: Always disclose assets honestly. We’ll help you protect what’s legally yours.


⚠️ 3. Running Up New Debt Before Filing

Why it’s a mistake:
Using credit cards, taking cash advances, or financing big purchases right before bankruptcy may be considered fraud — and those debts may not be discharged.

Tip: Stop using credit as soon as you consider bankruptcy.


⚠️ 4. Filing Without Understanding Which Chapter Is Best

Why it’s a mistake:
Chapter 7 might wipe out most debts quickly, but Chapter 13 may protect your home or car. Choosing the wrong one can cost you money and time.

Tip: A qualified bankruptcy attorney will explain your best options.


⚠️ 5. Going It Alone Without Legal Help

Why it’s a mistake:
Bankruptcy law is complex. A small error in paperwork or timing can lead to dismissed cases, loss of property, or denied discharges.

Tip: We offer a free consultation to review your situation — no pressure, no judgment.


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