Filing For Bankruptcy: Timing Matters

Liviakis Law Firm Team

For many people, finances often take the back seat or are swept under the rug, that is, until a problem arises. Many people experience financial hardship that builds over time, while many more simply fall onto hard times unexpectedly. Regardless of how you end up in debt, one thing that you cannot afford during financial hardship is to waste time.

Debt Relief Decisions

Most people never prepare for the need to file for bankruptcy, but those that do seek bankruptcy protection often find they are faced with big decisions in a short amount of time. However, rushing into bankruptcy may not be a good idea. One of the most important aspects to consider before seeking bankruptcy protection is your financial history.

First, your financial details will be under review. The court will take a detailed look into the nature of your income, property and assets; and compare those to your secured and unsecured debts. Therefore, it is important that your financial profile remain somewhat consistent in the time leading up to your bankruptcy filing. Acquiring too much debt within the months leading up to a filing could be viewed as suspicious. In some cases, it may lead to further investigations of fraud, and may even result in ineligibility to file.

On the other hand, transferring or selling off assets within the days leading up to your filing may also be viewed negatively by the court. Similarly, significant changes to your income levels could influence your case. For example, an increase in income may disqualify you from a Chapter 7 case, or cause an increase in your monthly payments during a Chapter 13 plan.

Finally, the timing of your case could also be influenced by whether you have filed for bankruptcy in the past. If you obtained a discharged in a Chapter 7 case in the past, you will be required to wait at least 8 years before filing for another Chapter 7; or 4 years before filing for Chapter 13. If your prior debt discharge was under a Chapter 13 case, you will be required to wait at least 6 years before becoming eligible for a Chapter 7.

If you have questions about your debt or how bankruptcy can give you a fresh start, contact our Sacramento bankruptcy office today at (916) 459-2364.

Our Office

Former Office
1215 K St

Sacramento, CA 95814

Phone: 916 459 2364
New Office
2377 Gold Meadow Way
#100

Gold River, CA 95670

Phone: 916 459 2364

Client Reviews

Mr. Liviakis is extremely knowledgeable and answered all of the questions that we had about our situation. He made a really difficult time manageable with his help and expertise. I would definitely recommend...

Lindsey Joyner

Mik is a great attorney. Very friendly & professional. Price is was bit high compared to other firms. Probably the highest I've seen. If price your thing, checkout other firms. Other than that, Mik will get the...

Oi Vinn

Mik helped us save our home and settle with creditors during the pandemic after we were forced to close our family business for over a year. I am forever grateful. He was kind and professional and followed up...

Jina and Steven Hale

Mr. Liviakis was timely and professional. He patiently answered questions and explained the process. He provided handouts that clearly outlined due dates. The firm's paralegal was very easy to work with. I...

Wes Pohl

I nothing but great Experiences, and great service.

Tony Boone

Positive: Professionalism, Quality, Responsiveness, Value

Linda Todd

Contact Us

Fill out the contact form or call us at (916) 459-2364 to schedule your free consultation.
  • Free Consultation
  • Phone Appointments Available
  • Talk to Award Winning Attorney Today

Leave Us a Message