Three Most Common Errors When the process of declaring Bankruptcy within South Dakota

Three Most Common Errors When the process of declaring Bankruptcy within South Dakota

The filing of bankruptcy to file bankruptcy in South Dakota is intended to provide debtors with a second opportunity after accumulating large amounts of debt. The bankruptcy process is not an easy legal procedure but an experienced attorney with experience in South Dakota can assist you in the process from beginning until the end. There are a few common errors to avoid during the bankruptcy procedure for South Dakota:

Remain Honest During Bankruptcy

The bankruptcy process is a privilege not the right. It is essential that debtors are truthful when they disclose their assets. That means the person who is in debt must not conceal assets, but must reveal all assets when necessary and must accurately declare the income they earn. In the event of dishonesty, it could result in rejection or discharge from bankruptcy, or the cancellation of the bankruptcy application. If you’re unsure about which assets to declare contact a bankruptcy lawyer now.


Beware of A Spending Spree

Many debtors indulge in extravagant spending just prior to filing for bankruptcy. It’s understandable when you’re in the process of filing for bankruptcy then why not pay the higher amount and get it out of the way? This is however a fraud since the person who is in debt does not intend to pay back the new debt and is counting on bankruptcy process to relieve the debtor of any legal obligations to settle the amount owed. The bankruptcy court can punish the debtor in a variety of methods. The court could reject the bankruptcy application completely. Some creditors might request for the debt they have recently acquired to be dischargeable. If you are unsure about the steps to take before filing bankruptcy, you should consult a bankruptcy lawyer.


Picking the wrong Chapter of Bankruptcy

Bankruptcy can be classified into several types of process, called “Chapters,” named after their position within Chapter 7 of the US Bankruptcy Code. There are two main types of bankruptcy: Chapter 7 and Chapter 13. Chapter 7 bankruptcy involves liquidation of assets of the debtor to settle outstanding debts prior to the bankruptcy court discharge the remaining amount of debt. Chapter 13 bankruptcy requires a person to develop the plan for repaying the debt prior to bankruptcy court discharges all remaining debts.

The right chapter for bankruptcy is vital. The filing of Chapter 13 bankruptcy when you are planning to liquidate assets can cause unnecessary energy and time. The filing of Chapter 7 bankruptcy when Chapter 13 is advantageous could result in a unnecessary loss of property. But, if you file bankruptcy but want to move to a different chapter, the bankruptcy code allows for the change. Consult with an attorney for bankruptcy before making a decision on the type of bankruptcy you wish you want to declare.


Do I require an Bankruptcy Attorney within South Dakota?

Insolvency can result in serious financial and personal implications. In order to file for bankruptcy, the person who is in debt must either liquidate large portions of their belongings or make payments to pay back some of their debt before the remaining debts can be dismissed. By consulting an South Dakota bankruptcy lawyer, advantages could outweigh expenses, however only lawyers can offer legal guidance to get maximum benefit in filing for bankruptcy.