When it appears likely that you will file a petition, do not start spending your last remaining funds on debt repayment. Retirement accounts should never be touched if it can be helped. While dipping into your savings is likely to be necessary, avoid wiping it out completely to prevent leaving yourself with little financial security in the future.
It can be very complicated to file for personal bankruptcy. Because of the various types of claims out there, and also the different ways in which you can approach filing, your particular situation will be personal to you. Research into what will best suit you is important before you consider filing. This article has information that can help you.
Be sure to bring anything up repeatedly if you are unsure if your lawyer is focusing on it. Never assume that they can remember all details without reminders. Ultimately, this is your bankruptcy and your financial future, so never hesitate to advocate on your behalf.
Do not pay your taxes with credit cards that will be canceled when you file for bankruptcy. Credit card debt is handled charge by charge during bankruptcy, and in most states, tax debt cannot be discharged through bankruptcy. Keep in mind that if the tax debt is eligible to be discharged, then the credit card debt is also dischargeable. So, in short, do not use your credit cards to pay off debts right before you file for bankruptcy.
Instead of relying on random selections from the phone book or Internet, ask around and get personal recommendations. 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.
One critical element for anyone filing a petition for bankruptcy is to be honest in everything you do. You may be tempted to try to hide income and personal assets from discovery, but doing so often leads to major complications, monetary penalties and the possibility that your case will be thrown out of court.
Be sure your home is well protected. Losing your home is thought of as common in bankruptcy cases, but it is by no means inevitable. It depends what your home value is and if there is a second mortgage, as all this stuff comes into play when determining if you can keep the home. If this is not the case, find out more about Homestead Exemptions you might qualify for if you meet certain financial requirements.
Check the accuracy of all information before it is filed. Don’t assume that they’ll remember something important later without having a reminder. It is in your best interest to speak out. You are in control of the outcome of your bankruptcy.
Facing bankruptcy is a negative situation that can bring on stress. Working with a good bankruptcy lawyer can help make the process a lot smoother and less stressful for you. Do not hire based on cost. The cheapest attorney may not be the best, but the most expensive may not be the best either. Ask for referrals from folks who have filed and check reputations with the BBB. You can attend court hearings if you want to see a prospective attorney in action.
Prior to filing for bankruptcy, discover which assets cannot be seized. The federal statutes covering bankruptcy can tell you exactly which assets are exempt from forfeiture to pay off creditors. You need to compare this list to the assets you own so that you are not surprised when certain assets are seized. You may find yourself unpleasantly surprised when the things you value the most are taken from you without warning. This is why it is very important the familiarize yourself with this list.
Carefully pick the lawyer you will use when filing for bankruptcy. Many newer lawyers enjoy this kind of law. The lawyer you choose will need to be experienced and licensed. You can check your state’s bar association to see if the lawyer has had any disciplinary action taken against him, and review sites to see if his clients are satisfied.
It is a good idea for you to hire a bankruptcy to handle your bankruptcy process. There are many different aspects to filing bankruptcy, and you may not understand everything there is to know. A qualified bankruptcy attorney can guide you through the filing process.
Regardless of how dire your situation may be, candor is critical. Lying about assets or debt is a bad idea in this situation. Also, it is against the law. Prison is a likely avenue to face when you have lied to the courts in your petition for bankruptcy.
Obviously you see the necessity for proper planning and decision-making in before you file. With your finances in turmoil, seek a reputable attorney who has bankruptcy experience. This will allow you to see this as a true, fresh experience.
If you file for Chapter 7 bankruptcy, do not assume that your debts will just be dismissed. Secured debt will have to be reaffirmed, meaning you must come up with a brand new agreement which shows a new payment plan, while other debts you cannot discharge. Court-sanctioned fines can’t be discharged under Chapter 7 and neither can child support or alimony payments.