≡ Menu

Making The Right Decisions When Filing Bankruptcy

Filing for bankruptcy is something many people are forced to do when there debts become too much of a burden, and they can no longer afford to pay them. If this is happening to you, then learn about the laws where you live. Every state has a separate law having to do with bankruptcy. Your home and other major assets may be protected in your state, while they are vulnerable in other states. Be aware of bankruptcy laws before filing your claim.

TIP! If you are thinking about paying off your tax obligations with a credit card and then filing bankruptcy, think again. In some places the debt can not be discharged, and you may still need to pay the IRS afterward.

Bankruptcy is very common in today’s economic climate. This is due to the current financial climate. If you decide to file, it’s crucial that you are well educated on the subject of personal bankruptcy, so you are able to make proper choices. Read on to find insightful tips and information about bankruptcy filing.

When you realize that you probably will file for bankruptcy, do not pay your creditors or try to avoid bankruptcy by spending all of your regular or retirement savings. Avoid touching your retirement accounts whenever possible. 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.

TIP! Honesty is of utmost importance during your filing, even though it may be tempting to “pad” your answers a little. Do not try to shield some assets or income from your creditors.

Learn all the latest laws before you file bankruptcy. The laws change a lot, so you need to look them up and have a better idea of how to properly approach the bankruptcy process. To find out about these changes, you can look at your state’s legislation website or contact their office.

Check the accuracy of all information before it is filed. Many times a lawyer may forget a key detail; therefore, it is important to remind your lawyer of any key information. It is in your best interest to speak out. You are in control of the outcome of your bankruptcy.

TIP! Prior to filing for bankruptcy, research which assets will remain exempt from creditors. To find an itemized list detailing assets exempt from bankruptcy, find the Bankruptcy Code.

Since it is possible to obtain a free consultation from the majority of bankruptcy lawyers, meet with a few of them prior to choosing one. Always ensure that the person you meet with is a real lawyer, not a legal assistant or paralegal. These people can’t give legal advice. Seeking out different attorneys is all part of the process until you find someone that you can trust.

There are two types of personal bankruptcy: Chapter 7 and Chapter 13. Make sure you know what each entails so you can make the right choice. If Chapter 7 is what you file, your debts will get eliminated entirely. This type of bankruptcy ends any relationship you might have with creditors. If you choose to file for Chapter 12 bankruptcy, you’ll be put into a 60-month plan for repaying your debts before they’re eliminated. Take the time to learn more about these different options so you can make the best decision possible.

TIP! Bankruptcy can be a good time to spend time with people you love. The bankruptcy process can be brutal.

Remember to only file for bankruptcy if you need to. Consolidating current debt could make it easier to manage. Bankruptcy is a long process that can be stressful. It will affect your access to credit in the future. This is why you must ensure that bankruptcy is the only option left for you.

Refrain from feeling shameful about your bankruptcy. Many people feel guilty, embarrassed and unworthy when dealing with bankruptcy. Wallowing in these emotions benefits no one, and only serve to harm your own mental health. Focusing on the positive during this stressful time is a good strategy for coping with your ordeal.

Chapter 13

Consider any other options available before filing for personal bankruptcy. One option to consider is credit counseling. There are various non-profit companies that may be able to help you. They can speak with your creditor about getting your payments and interest reduced. They collect payments from your and then pay the creditors.

TIP! Don’t take big cash advances off your credit cards in the days prior to filing for bankruptcy. This is fraud, and even if your other debts are discharged, you will have to pay the money back.

Consider Chapter 13 bankruptcy, if you chose to file. You are probably eligible for Chapter 13 if your income is consistent and your unsecured debt is under $250,000. Filing a Chapter 13 will let you keep personal items and real estate while you pay down your debt in a consolidation plan. This plan usually lasts from 3 to 5 years, after which, you will be discharged from all unsecured debt. Missing a payment under these plans can result in total dismissal by the courts.

If you manage to get a new job right before filing for bankruptcy, still pay strict attention to your financial situation! It is possible that bankruptcy is still your best course of action. Your timing can make a tremendous difference when filing for personal bankruptcy. If you file your bankruptcy before you receive new income, your ability to repay will be evaluated as if you did not have a job.

TIP! If you’re in financial trouble, you may want to rethink getting a divorce. A lot of individuals get a divorce and file for bankruptcy immediately because they did not plan for the troubles that they will be experiencing financially.

Make time to visit with family and friends during the bankruptcy process. The process of bankruptcy can seem brutal. It takes time and a lot of people feel stressed and ashamed throughout this procedure. It is not uncommon for a person to feel the need to pull away from loved ones during the process. However, you will only feel worse about what has happened, which may lead you into depression. For this reason, if you are undergoing personal bankruptcy proceedings, you must continue to live a normal life, spending time with your friends and relations.

Make sure all your debts are included in the discharge so you can avoid filing unnecessarily. Student loans are one kind of debt that will have to be paid off even after declaring bankruptcy. You can address these kinds of debt by working with credit repair agencies or taking out debt consolidation loans.

TIP! If filing for bankruptcy is stressing you out or getting you down, find an online support group to help you through the process. You may feel embarrassed and out of sorts while going through personal bankruptcy, because it is a very stressful process.

It is important to understand your rights when you file for bankruptcy. Some bill collectors will tell you that your debts can’t be bankrupted. Only a few kinds of debt, like student loans or child support, are ineligible for bankruptcy. If you are told by a debt collector that your debts are not dischargeable, make a record of your conversation and report the individual to the proper state authorities.

If you make a mistake and the judge dismisses your personal bankruptcy case, it is possible to file again. Generally though, there is only a window of 30 days after the first filing to refile after dismissal has occurred. If you can justify your mistakes, the judge might decide to extend this stay so you can re-file again.

TIP! If student loans comprise a major portion of your debt, filing for bankruptcy may prove difficult. Although regulations vary from state to state, in most areas, student loan debt is one of the hardest types to get discharged.

Do not think of filing for personal bankruptcy as a shameful thing. The bankruptcy process makes people feel guilty and ashamed. Feelings such as these are not of value to you and it is possible for them to be psychologically harmful. Staying positive and upbeat is the proper way to deal with bankruptcy.

Make sure to list all of the debts you are responsible for when you retain a lawyer to handle your bankruptcy case. If you fail to disclose financial information, the court may delay, suspend or deny your petition for bankruptcy.

TIP! Filing for bankruptcy isn’t something to be ashamed of. Many people get depressed and feel like they’ve failed if they have to file.

Don’t wait to file for bankruptcy. It is a big mistake to avoid financial problems, thinking they may go away on their own. Debts can get out of control fast. If you’re not taking care of these debts, you may be getting into trouble like wage garnishment. When you make the connection that your debt level is too high, contact an attorney that specializes in bankruptcy as soon as possible, to see what can be done.

Think about taking on another job. Avoid filing bankruptcy by communicating this to your creditors. Explain the effort you are making and come to an agreement on a workable time frame for repayment. If they are agreeable, bankruptcy can be avoided.

As you are no doubt aware, bankruptcy is much talked about in today’s economy. Apply what you’ve learned here today and make wise decisions about bankruptcy going forward.

Use your attorney’s advice in choosing the type of bankruptcy that will be the best choice for you. There are several forms of bankruptcy. Before filing for bankruptcy it is crucial you educate yourself on all the different types. Balance the positive and negative attributes of each, and seek the advice of professionals before you decide.

Comments on this entry are closed.