Lots of people have to claim bankruptcy when their bills are larger than their income. If you are in this position, you need to be familiar with the laws in your area. Every state has a separate law having to do with bankruptcy. For instance, in some states, you can’t lose your home to bankruptcy, while in other states, you can. Make sure you know the laws where you live before you file.
Many people look down on people who have to file for bankruptcy, and then find themselves in the same situation. Sometimes bankruptcy becomes the only viable financial option thanks to uncontrollable circumstances, like a divorce or a layoff. No matter how you found yourself looking at bankruptcy as an option, continue reading so that you can learn how to move forward.
Consider filing a Chapter 13 bankruptcy. With a consistent income source and less than $250k in debt, try filing for Chapter 13. This will allow you to keep your personal property and real estate and repay your debts via a debt consolidation plan. Generally, this stays in effect for up to 5 years. Afterwards, your unsecured debts clear from your accounts. Missing a payment under these plans can result in total dismissal by the courts.
Lots of people have to claim bankruptcy when their bills are larger than their income. If you are in this position, you need to be familiar with the laws in your area. Bankruptcy laws vary from state to state so it is important to do your research. Some states protect your home, and others do not. Know what the laws are in your state before filing.
Your trustee may be able to help you secure an auto loan or get a mortgage even though you have filed Chapter 13. It is much harder. First, your trustee will have to approve the loan. You need to show them why and how you can handle paying back the new loan. Be ready to justify the purchase that you need the loan for, too.
Make sure that you understand everything you can about personal bankruptcy by visiting websites that offer information. The United States Department of Justice and American Bankruptcy Institute are two such places to look. You need to spend some time gathering valuable information so you can file your bankruptcy with confidence.
Be certain to have a good understanding of bankruptcy regulations prior to filing a petition. For instance, you may not be aware that a filer is forbidden from transferring assets from his or her name for one full year before the petition is filed. Moreover, a filer is prohibited from spending or incurring extra debt prior to their bankruptcy filing.
Consider any other options available before filing for personal bankruptcy. One good option might be credit counseling. May non-profit companies are available to help you. These organizations can work with creditors to lower your payments and interest rates. Often, they make the payments to your creditors, and you make your payment to them.
Don’t think that loading up your credit card with tax debt and then filing for bankruptcy is an answer either. In many areas of the country, this debt will not be dischargeable, and you could be left owing a significant amount to the IRS. Keep in mind that if the tax debt is eligible to be discharged, then the credit card debt is also dischargeable. Thus, it doesn’t make sense to use a credit card when it is going to be discharged when you file for bankruptcy.
Before you file, you have to quickly think to be more responsible fiscally. Do not increase current debt or incur new debt prior to bankruptcy. Judges may take into account your current credit history, in addition to your past credit history, when considering your bankruptcy case. Your present handling of your finances will show that you are doing your best to change bad habits.
Before you file for bankruptcy, carefully consider if it is the right option for you. You can also avail yourself of other options, such as consumer credit counseling. Your credit record will be harmed by a bankruptcy filing, and therefore prior to making such a decision, it is wise to investigate other options in order to minimize the damage you suffer.
Choosing a good lawyer is an important step in the process. A lot of rookie lawyers get their start in bankruptcy law. Always confirm that your lawyer is highly experienced and licensed to handle a bankruptcy. Internet research is a great tool for investigating a potential lawyer. You will also find information from clients who have dealt with them.
Ask those you know if they have an attorney to recommend, instead of finding one on the Internet or in the phone book. You want your bankruptcy to go smoothly, and the Internet is rife with fly-by-night companies whose only goal is to prey upon the financially desperate.
After you have filed for chapter seven bankruptcy, you may find that you are not qualified to take the homestead exemption. If this is the case, you may wish to file for chapter 13 bankruptcy in regards to your mortgage. In some situations it might be better if you convert the whole Chapter 7 bankruptcy into Chapter 13. In this case, you should consult with your attorney to decide on your next step.
It is important to list all your assets and liabilities during the bankruptcy proceeding. Failure to do so will only cause you problems in the end. It is important that you are completely transparent, showing everything financial that needs to be known. Don’t hold anything back and formulate a smart strategy to deal with the reality you are facing.
If you are sure that bankruptcy is your only option, start learning everything you can about bankruptcy laws for your state. Be candid with your attorney and stay involved in the process to ensure a healthier financial future.
Do some research about laws and legislation before filing. Laws are ever-evolving. You must stay current with bankruptcy laws if you want to be successful in your challenge. A qualified bankruptcy attorney is the best source for the latest information regarding the laws in your state.
Prior to visiting with a bankruptcy attorney, write down all of your questions. Remember, an attorney’s time is costly. Write out anything you can think of ahead of time that you need to know about the bankruptcy situation, and don’t forget to take the list with you. Do not leave until you know you have a grasp on the situation.
Before you decide to declare bankruptcy, make sure that a less-drastic solution isn’t more appropriate. If your debts are really not overwhelming, you may find the assistance you need by consulting a consumer credit counselor. You may also find success in negotiating lower payment arrangements yourself, but be certain to get any arrangements with creditors in writing.
Try and get a second job. See if you can renegotiate your payments with your creditors before declaring bankruptcy. Let them know you want to repay your debt. They will often work with you so you do not have to file.
After considering all of your options, you may find that bankruptcy is your only choice. If life has brought you here, there is no reason to stress yourself out. Apply the advice from this article to help ease your burden when filing for bankruptcy.
If creditors or harassing you, take advantage of the automatic stay bankruptcy provides to immediately stop the harassment. The stress of excessive debt can be too much to bear. The automatic stay can act as a shield that protects your emotional stability while you decide what to do with your finances.