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Information You Must Know Before Filing For Bankruptcy

If you are considering paying your taxes with credit cards and turning around and filing bankruptcy–they are on to you. In most states, this debt won’t be discharged, and you could end up owing the IRS a whole lot more. One thing that you should remember is that if your tax is dischargable, your debt will also be dischargeable. Therefore, you have no reason for use of a credit card, if the amount is to be discharged in due process of the bankruptcy.

TIP! If you suspect that bankruptcy filing may be a reality, don’t try to discharge all your debt in advance by emptying your retirement or saving accounts. Retirement accounts should never be touched if it can be helped.

Embarking on a personal bankruptcy filing can be quite complicated. 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. It is essential to learn as much as you can about bankruptcy before choosing to file. The below advice can assist you in beginning.

Check the accuracy of all information before it is filed. Don’t assume that he’ll remember something from a month ago; tell him again. Ultimately, this is your bankruptcy and your financial future, so never hesitate to advocate on your behalf.

TIP! Don’t throw in the towel. Filing for bankruptcy may allow you to get back property, such as an auto, jewelry, or electronics, that you may have had repossessed.

Many people need to file for bankruptcy when they owe more money than they can pay off. Study the laws in you state to learn what you need to do and what your options are. Bankruptcy laws vary from state to state. You may find your home is safeguarded in one state, while in another it isn’t. Before filing for personal bankruptcy, be certain that you are familiar with the laws.

Be sure to hire an attorney before you embark upon filing for personal bankruptcy. You might not understand all of the various aspects to filing for bankruptcy. A lawyer that specializes in bankruptcy can make sure you are following the correct procedures in your filing.

TIP! Safeguard your home. Filing for bankruptcy does not mean you have to lose your home.

Do not use a credit card to pay income taxes and then file for bankruptcy. Most of the time, you cannot discharge this debt. As a result, you will owe the IRS a lot of money. If the tax can be discharged, so can the debt. So, there’s no reason to make use of a credit cards if it will not be discharged in bankruptcy.

Once you clear the hurdle of filing for bankruptcy, live a little, but not too much. Many people who undergo this process become way too stressed out. That stress can cause depression, if you don’t take care to avoid it. While the process is tough, you are getting a chance to start over.

Credit Card

Before filing for bankruptcy, learn your rights. Many creditors or bill collectors might tell you your debts cannot be included in a bankruptcy. There are, indeed, some debts that cannot be bankrupted. Among them are student loans, child support and alimony payments. If your creditors are telling you any other kind of debts cannot be cancelled, get a written proof and send it to the general office of your state’s attorney to report this illegal behavior.

TIP! Going through bankruptcy is tough and can be mentally and emotionally draining. You need to do your research to find a good bankruptcy lawyer.

After filing for bankruptcy, you may have difficulty getting approved for unsecured credit. A great way to rebuild your credit is to apply for a prepaid credit card. You can exhibit your desire to rebuild your credit this way. Then, in time, it may be possible for you to obtain an unsecured credit card.

Prior to filing, it is important that you know all about bankruptcy laws. For instance, you are not allowed to move assets from your name to someone else’s for a year before you file. In addition, it is unlawful for the filer to increase the amount of debt they are carrying on their credit cards right before they file.

TIP! Review bankruptcy rules before you file your petition. There are many issues with personal bankruptcy code, and these pitfalls can cause problems with your case.

When choosing a bankruptcy lawyer, your best option is to find someone who is recommended by someone you know versus someone who you find online or in the phone book. Some companies just want to take advantage of you, so it is important that you have help from someone you trust.

One thing to consider is that filing bankruptcy might be a better alternative to making late payments or missing payments completely. While bankruptcy will show up in you credit file for the next 10 years, you can begin the process of making your credit situation better right away. One of the best benefits to bankruptcy is the promise of a fresh start.

TIP! You should immediately vow to be more financially responsible before you actually file for bankruptcy. You must not doing anything that will raise your current level of indebtedness for several months before filing a bankruptcy petition.

Don’t give up. If you’ve had collateral, such as a car, electronics, or jewelry repossessed for non-payment, you might be able to recover the property when you file for bankruptcy. You should be able to get your possessions back if they have been taken away from you within 90 days before you filed for bankruptcy. Get help from your lawyer to file a petition so you can get your items back.

Write down everything that you owe. Be sure your list is complete as it will form the basis of your personal bankruptcy filing. Remember to go through all of your records and try to determine the exact amount. Do not rush through this process; if you want the amounts discharged, you have to get those numbers right.

TIP! If you think bankruptcy is an option, you will need to hire a bankruptcy attorney. An attorney can assist you both in ascertaining if bankruptcy is what you need and dealing with the court appearance.

Before you file for personal bankruptcy, be sure that you are cognizant of all current laws. Bankruptcy laws are in constant flux, so just because you knew the law last year doesn’t mean that the laws will be the same this year. Review the state legislature web site or contact the state legislature office to keep abreast of changes in the law.

Reconsider going through a divorce as it could put you into a rough financial situation. Many people find they need to claim bankruptcy after divorce because they did not see the financial problems that were ahead of them. It’s a smart decision to reconsider getting a divorce.

TIP! If you cannot qualify for a Homestead Exemption once you have filed for Chapter 7 bankruptcy, try filing for Chapter 13 as well. There are some times when your best option will be to change your case from a Chapter 7 filing to a Chapter 13 filing.

Before declaring bankruptcy, ensure that all other options have been considered. For example, you want to look into credit counseling. This is the best option for small debts. You may also find people will allow you to make lower payments. If that happens, get records of the debt modifications.

If you file for Chapter 7 bankruptcy, do not assume that your debts will just be dismissed. You may need to reaffirm certain secured debts. As a result, you must sign another agreement that says you’ll repay them. In addition, under certain circumstances, some debts can’t be discharged. Child support and alimony, for example, is not affected by Chapter 7.

TIP! Don’t kick this can down the road. If this is the only option that you could take, waiting won’t make it better.

Before filing bankruptcy consider every available avenue. Perhaps just consolidating some of your existing debt, could make them easier to manage. Going through the bankruptcy process is a long drawn process which at times can be incredibly stressful. It will also harm your ability to secure credit in years to come. Therefore, you must make sure that there is no other option that you could take before you file for bankruptcy.

If you find yourself in a bad financial situation, think back and analyze your mistakes. Unplanned hospital bills are different from undisciplined spending when it comes to shopping. If you find yourself overspending on unnecessary items, consider getting credit counseling.

Chapter 13 Bankruptcy

Begin seeking a supplemental job. Instead of going bankrupt, call your creditors and notify them that you need time but are trying to repay them. Most will accede to your wishes and prevent the filing of bankruptcy.

TIP! Stop using credit cards as soon as you decide to file for bankruptcy. Taking on a huge amount of debt will make it look as if you’re just going on a huge spending spree before attempting to have the slate wiped clean.

Consider Chapter 13 bankruptcy. If your source of income is regular and your unsecured debt is less than a quarter million, Chapter 13 bankruptcy is something you are able to file for. You can secure your home under Chapter 13 and pay your debts with a payment plan. This repayment period usually lasts from three to five years. If you make your payments faithfully during that time, any remaining unsecured debt will be eliminated. However, if you are unable to properly commit to the plan you agree to, your case can be dismissed.

If the stress of debt collectors calling you constantly is getting too much, filing for bankruptcy can end this immediately. Having a lot of debt can be terribly stressful. Bankruptcy protection can give you room to breathe while you figure things out.


If you are making more money than you owe, bankruptcy should not even be an option. Sure, bankruptcy can get rid of that debt, but it comes at the price of poor credit for 7-10 years.


This article has hopefully made it clear that declaring bankruptcy is a big decision that should be considered at length. If you feel that bankruptcy best suits your current financial position, then ensure you retain an experienced attorney who can help you.

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