Macco & Corey P.C.

Why should you not increase debt just before bankruptcy?

Why should you not increase debt just before bankruptcy?

When you file bankruptcy in New York, it puts your finances under a microscope. This includes monitoring your spending. In general, any money you have on hand becomes an asset that the court can take except for the amount exempt under bankruptcy laws. This may be concerning to you, though, if your regular household bills exceed that exempt amount. However, you should not worry.

According to PocketSense, if you file Chapter 7 bankruptcy, you will still have access to money to pay your bills. You can use it as well to handle ordinary expenses, such as groceries. You may not have the ability to spend as freely as you did before, but you should be able to maintain payments on your bills and the upkeep of your home.

If you file Chapter 13 bankruptcy, then the court structures a monthly budget for you. You will usually get a spending limit as well. It is a little less restrictive than Chapter 7. You may even be allowed to buy larger ticket items if you get approved. In Chapter 7, you generally cannot do this.

Because bankruptcy is about helping you to move past debts and into the future with a better ability to manage your finances so to avoid having to file again, a lot of focus is put on making sure your assets and any money you have is managed well. So, while you will have access to your money, you should expect a lot of oversight on how you spend it. This information is for education and is not legal advice.