Bankruptcy Filing

DOs and DON'Ts

in Dallas / Fort Worth

Do Not:  Believe the credit-card industry when they tell you bankruptcy is no longer available.

Bankruptcy protection for deserving individuals, families, and businesses is still very much available.  It is true that filing under the new bankruptcy law is more difficult than filing under the old law, but an experienced bankruptcy attorney can help guide you through the maze of the bankruptcy system and help get you back on your feet financially.

Do Not:  Transfer assets into your family or friends names prior to a bankruptcy without first talking to your bankruptcy attorney.

Putting a car, house, or other asset into someone else's name to try and keep it from your creditors could be considered a fraudulent transfer under the Bankruptcy Code.  This is illegal and often unnecessary in the Dallas / Fort Worth Texas area because most people's assets are already protected from creditors under Texas and Federal laws.  Always consult with a bankruptcy attorney before transferring any assets.

Do Not:  Payback loans to friends or family members prior to a bankruptcy without first talking to your bankruptcy attorney.

Paying back family members before other creditors could be considered a preferential payment.  A bankruptcy trustee could sue your friends or family members to get that money back.  Ask your attorney before paying back these types of loans.

Do Not:  Wait until the absolute last minute to file bankruptcy or speak to an attorney.

No one wants to file bankruptcy, but waiting until you are at the breaking point before seeking bankruptcy advice can cost you thousands of dollars.  Many times with a little bit of time to plan before filing a bankruptcy your attorney can help you avoid many of the pitfalls of bankruptcy.  Wait until the last minute, though, and you may pay very dearly.

Do Not:  Use your credit cards after deciding to file bankruptcy. 

Purchasing goods or services with a credit card while knowing you will not pay them back is bankruptcy fraud and could have very serious consequences.  Once you are sure you will file bankruptcy you must stop using your credit cards.

Do Not:  Feel ashamed about having to file bankruptcy.

There is nothing wrong or immoral about filing bankruptcy.  No one wants to have open-heart surgery, but if you must have it to improve your health then you do it.  And no one feels ashamed about having open-heart surgery.  Bankruptcy is the financial equivalent of open-heart surgery.  You try and avoid it if you can, but if you can't then you do it and let it improve your financial health.  Click here to learn more about the moral and religious aspects of bankruptcy.

Do:  Find out what other people have to say about the attorney you are considering hiring.

Former clients and other third parties are great sources for learning about an attorney.  The Law Offices of John Saitis are proud that our clients have good things to say about us.  Click here to see what our clients had to say for yourself.   We are also proud that John Saitis was named a "Top Bankruptcy Attorney" for 2006 by Fort Worth Magazine.

Do Not:  Lie to or think you can trick the bankruptcy court.

This is a formula for disaster.  Bankruptcy judges in the Dallas / Fort Worth Texas area are not sympathetic to people who commit bankruptcy fraud.  You could have your bankruptcy case dismissed and even be sent to jail for bankruptcy fraud!!! 

Do:  Make sure you get to speak directly with a bankruptcy attorney, not just a secretary or paralegal.

Filing for bankruptcy protection is a very significant financial, emotional, and legal step.  You deserve, and you should demand, to speak directly with a bankruptcy attorney about your case.  Secretaries and paralegals, no matter how nice or professional, are not an appropriate substitute for the advice and direct one-on-one interaction with an experienced bankruptcy attorney.  At the Law Offices of John Saitis, PLLC you will speak with a bankruptcy attorney the very first time you call our office.

Don't:  Think that all bankruptcy attorneys are the same.

There can be a great deal of difference between different bankruptcy lawyers and bankruptcy law firms.  Make sure that the attorney you choose: 1) Has the experience to handle your case properly;  2) That they care about what happens to you and your family;  3) That you trust them;  3) That they have no complaints against them with the bar association;  4)  That they will care for your emotional as well as legal needs through this difficult time;  5)  That they will return your calls promptly and will answer your questions thoroughly; and 6) That bankruptcy is the main part of their law practice, not just something they do from time to time to supplement their other non-bankruptcy cases.