The Pre-Bankruptcy Risk Checklist: Mistakes That Can Damage Your Case Before You File

Many bankruptcy problems begin long before anyone files paperwork. People act with good intentions, but small decisions made under financial stress can delay a case, increase costs, or even put a discharge at risk.

At Blue Bee Bankruptcy, we use the Pre-Bankruptcy Risk Checklist to help clients avoid these issues. This checklist highlights the most common mistakes people make before filing and explains why early guidance from a bankruptcy attorney matters.

If you recognize any of these risks, you should pause and get legal advice before taking another step.

Risk 1: Paying the Wrong Debts First

When money feels tight, people often choose which bills to pay based on emotion rather than strategy.

Common examples include:

  • Paying family members instead of creditors
  • Draining savings to keep one card current
  • Making large payments on old debts right before filing

Some payments can be challenged by the trustee and cause delays or repayment demands. A bankruptcy attorney helps you prioritize payments correctly and avoid unnecessary problems.

Risk 2: Using Credit Right Before Filing

Using credit cards or taking cash advances shortly before bankruptcy creates serious risk.

This includes:

  • Charging everyday expenses when filing feels likely
  • Taking payday loans to stay afloat
  • Using balance transfers to move debt around

These actions raise red flags and may lead creditors to challenge the discharge of those debts. A bankruptcy attorney explains what use is allowed and what behavior creates exposure.

Risk 3: Transferring or Gifting Property

People sometimes move assets to protect them. This approach often backfires.

Risky actions include:

  • Transferring a vehicle to a family member
  • Adding someone to a bank account or title
  • Selling property for less than fair value

Bankruptcy law requires full disclosure. A trustee can reverse improper transfers and create serious complications. An attorney ensures you protect assets legally instead of risking them.

Risk 4: Draining Retirement Accounts

Retirement funds often receive strong protection in bankruptcy. Many people do not realize this.

When someone cashes out retirement savings to pay debt, they:

  • Lose protected assets
  • Create possible tax consequences
  • Reduce long term financial security

A bankruptcy attorney explains which accounts are protected and why leaving them intact often makes more sense.

Risk 5: Waiting Until a Lawsuit Turns Into a Judgment

Timing matters in bankruptcy.

Waiting too long can lead to:

  • Wage garnishment
  • Bank levies
  • Judgment liens against property

Bankruptcy can stop many collection actions, but acting earlier preserves more options. An attorney helps you file before creditors gain extra leverage.

Risk 6: Filing Without a Bankruptcy Attorney

Some people attempt to file on their own to save money. This decision often costs more in the long run.

Common problems include:

  • Incorrect forms
  • Missed deadlines
  • Improper exemption claims
  • Unnecessary loss of property

Bankruptcy law contains very technical rules that do not allow for easy fixes. Hiring a bankruptcy attorney helps you avoid errors that delay discharge or cause dismissal.

 

woman filing for bankruptcy

 

How the Pre-Bankruptcy Risk Checklist Protects You

This checklist focuses on three core goals:

  • Preserving legal options
  • Protecting assets
  • Preventing avoidable delays

Most bankruptcy mistakes happen before filing, not after. Early advice gives you control instead of forcing damage control later.

A bankruptcy attorney applies this checklist to your situation and guides you step by step.

Why Early Legal Advice Matters

Bankruptcy rewards preparation. It penalizes guesswork.

When you speak with a bankruptcy attorney early, you:

  • Avoid actions that raise red flags
  • Preserve exemptions
  • Improve case outcomes
  • Reduce stress and uncertainty

That guidance often determines whether bankruptcy becomes a smooth reset or a prolonged struggle.

What Comes Next

In the next post in this series, we will cover the Bankruptcy Readiness Blueprint and explain how to prepare your finances and documents for a successful filing.

If you see yourself in any of these risks, Blue Bee Bankruptcy can help you correct course and move forward with confidence.

Frequently Asked Questions

What is the biggest mistake people make before filing for bankruptcy?

One of the biggest mistakes is paying the wrong debts or using credit right before filing. These actions often feel logical but create serious legal issues.

Can transferring property before bankruptcy protect it?

No. Improper transfers often cause more harm than protection. A trustee can reverse transfers and delay or complicate your case.

Should I stop paying all bills if I plan to file for bankruptcy?

You should not make that decision without legal advice. A bankruptcy attorney can tell you which payments matter and which do not.

Is it risky to file for bankruptcy without an attorney?

Yes. Bankruptcy involves strict rules and deadlines. Filing without an attorney increases the risk of mistakes that delay discharge or cause loss of property.

When should I talk to a bankruptcy attorney if I am considering filing?

You should talk to an attorney before making major financial decisions, especially if creditors are suing or garnishing wages.


Learn More

At Blue Bee Bankruptcy, our lawyers are highly experienced in bankruptcy options. More importantly, we understand that each case we receive is unique and each client has different needs and goals. We will discuss these signs with you and decide the best route to take.

We strive to help our clients rebuild their lives and take steps toward a better financial future through filing. 

 

Best Bankruptcy Attorneys in Salt Lake City

 

If you’re dealing with the potential of bankruptcy, give us a call. Our team will work to help you by reviewing all of the options our firm has available. We will ensure you’ll get the best possible outcome for your situation.

Get in touch today so we can start working on either halting bankruptcies or preventing them from taking place altogether!

Contact Us Today For Help! You can schedule your free consultation online or call us at (801) 285-0980.

 

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