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Old November 29, 2013, 11:52 AM   #22
zukiphile
Senior Member
 
Join Date: December 13, 2005
Posts: 4,451
There is nothing unethical or contrary to bankruptcy code in engaging in pre-petition planning. This sort of planning can help one avoid pre-petition actions that will be voided as transfers in fraud of creditors or preferences. Planning to have enough cash to pay bankruptcy counsel is also not a trivial matter.

For example, if you live in a state in which there is an exemption for a personal vehicle, but you do not have a reliable vehicle and you will be poorly positioned to purchase a vehicle after you have filed a bankruptcy petition, your bankruptcy counsel may advise you to use your resources to obtain a reliable vehicle prior to filing your petition. Selling your assets to pay debts prior to filing your bankruptcy petition has pitfalls. If you only pay some of your debts, you may invite a preference claim from the trustee. If you sell your assets to raise funds that are subsequently used to satisfy your debts ratably, i.e. paying all of your creditors 45% of the amount you owe them, you may be liable for any misrepresentations to your creditors, and you are very likely to incur federal income tax liability on the amount you did not pay.

None of the above is legal advice. Instead, it is an exhortation to use care.

As is so often the case, the real answer is to consult an attorney in your own state. Where the matter is bankruptcy, it is prudent to consult someone who regularly practices in that area.

Last edited by zukiphile; November 29, 2013 at 12:48 PM.
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