Legal Question in Bankruptcy in New Mexico

''what to do when you file bankruptcy''

When filing bankruptcy do you keep paying your creditors even if you are putting them on your list to file on them. And how do you know if you have a good lawyer.


Asked on 11/27/00, 2:42 pm

1 Answer from Attorneys

Daniel Press Chung & Press, P.C.

Re: ''what to do when you file bankruptcy''

One way to tell if you have a good lawyer is if s/he can give you an answer to this and other questions and explain it so that it makes sense to you. If the lawyer doesn't seem to know what s/he is doing, s/he probably doesn't. That does not mean a definite answer to everything -- not all questions have clear answers until a court rules -- but it means that you get an explanation of why it is or is not clear.

As to paying your bills, it depends. It generally does not make sense to pay unsecured dischargeable debts in the few weeks before filing, unless the payment is less than $600 and you want to pay that creditor (payments over $600 are likely recoverable by the trustee, and thus help neither you nor the creditor). Secured debt should generally be paid and kept current if you want to keep the collateral (your home mortgage, car loan, etc.). And non-dischargeable debt, such as most taxes, child support, and the like should be paid.

And don't forget to pay your lawyer...

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Answered on 11/29/00, 4:05 pm


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