The ‘Almost Filing’ Phase: What to Consider 90 Days Before Bankruptcy
For many people, bankruptcy isn’t a sudden decision, but a process.
There’s often a stretch of time, sometimes weeks or months, where you’re not quite ready to file, but you know something has to change. This is what we call the “almost filing” phase.
Handled correctly, these 60–90 days can make a major difference in how smooth, affordable, and effective your bankruptcy will be.
Here’s what you should do to make sure you’re making the most of the “almost filing” phase.
- Stop Digging the Hole Deeper
One of the smartest moves people make during this phase is simple: they stop relying on credit.
That means:
- No new credit card charges
- No cash advances
- No taking on new personal loans
Why? Because recent charges, especially for luxury items or large amounts, can create complications in a bankruptcy case. The goal is to stabilize, not expand the problem.
- Get Clear on Your Financial Picture
Before filing, it’s important to understand exactly where you stand.
Smart filers begin gathering:
- Pay stubs and income records
- Tax returns
- A list of debts and creditors
- Monthly expenses
This step prepares you for the process and often brings a sense of control during a stressful time.
- Prioritize Essential Expenses
When money is tight, not all bills are equal.
During the “almost filing” phase, people often shift focus to:
- Rent or mortgage
- Utilities
- Food
- Transportation
Unsecured debts like credit cards may take a back seat. While this can feel counterintuitive, it’s often part of a broader strategy to prepare for a fresh start.
- Start Planning and Save for Legal Fees
One of the biggest practical hurdles is affording the bankruptcy itself.
As noted in many cases, even people who qualify for Chapter 7 may struggle with upfront costs. That’s why this phase is often used to set aside funds for filing and attorney fees.
Planning ahead can prevent delays and help you move forward at the right time.
- Avoid Risky Financial Moves
Certain actions before filing can create unnecessary problems.
You should avoid:
- Transferring assets to friends or family
- Selling property for less than it’s worth
- Paying back one creditor (especially insiders) while ignoring others
These moves can raise red flags in bankruptcy and may even be reversed by the court.
- Explore Options Outside of Chapter 7
Not everyone ends up filing a Chapter 7 bankruptcy.
During this phase, many people learn:
- Whether Chapter 7 or Chapter 13 makes more sense
- What assets are protected
- What life looks like after filing
This is where professional guidance becomes especially valuable.
The Bottom Line
The “almost filing” phase shouldn’t be wasted time; you can use it to prepare.
Handled thoughtfully, these 90 days can:
- Reduce stress
- Prevent costly mistakes
- Set you up for a smoother bankruptcy process
At Reinherz Law, the focus is on helping good people through hard times with clear, practical guidance and affordable, predictable fees.
If you’re in that in-between stage, you’re not alone. The right next step isn’t rushing into a decision. It’s making informed, strategic moves that put you in the best position for a true fresh start.
Contact our team today!








