As bankruptcy appears on the horizon, don’t take your savings or retirement accounts to try to pay off all your bills. Leave your retirement accounts untouched unless there is absolutely no other alternative. You may need to use some of your savings; however, you should not use all of your savings. Remember that you must safeguard your future financial security.
You’ve heard it before and you’ll hear it again–the economy is in rough shape. Because of the state of the economy, a lot of people have been let go from their jobs and have acquired debt. Debts usually end in bankruptcy which isn’t good. If you or someone you know is in jeopardy of going bankrupt, then read this article to figure out how to get out of this situation.
Ask for a free consultation with your bankruptcy attorney and ask questions about experience and education. Most lawyers provide a consultation for free, so consult with many of them before picking which one you want to hire. The lawyer who properly answers your questions is the one you should hire. After your consultation, take your time to make your decision. You could even go to different lawyers for advice.
Don’t use credit cards to pay your taxes if you’re going to file bankruptcy. In a lot of places, the debt cannot be discharged, and you may still owe money to the IRS. If the tax has the ability to be eliminated, the debt can be too. This means using a credit card is not necessary, when it will just be discharged.
Bankruptcy can be a good time to spend time with people you love. The bankruptcy process can be brutal. It is long, stressful and makes people feel like losers. A lot of people hide away until the entire proceedings have been played out. However, becoming a hermit will only increase feelings of self-doubt and could make you depressed. Remember that it is not your families fault for your financial hardships and use this time to pull together and be strong.
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. Leave your retirement accounts untouched unless there is absolutely no other alternative. If you have to use a portion of your savings, make sure that you save some to ensure that you are financially secure in the future.
Don’t forget to enjoy your life once your finances get fixed. It’s easy to be stressed during this time. Depression and burn-out from pent of stress will do nothing to help your situation, so it is critical to let go a little. Life will get better after you finally get this situation over with.
Never lie about anything in your bankruptcy petition. Don’t hide income or assets from your lawyer or the bankruptcy trustee or you may find yourself in legal trouble.
Car loans or mortgage loans are still a possibility when you have filed for Chapter 13. It is just tougher. Your bankruptcy custodian will need to approve the loan. Draw up a budget, demonstrating that you can afford the new loan payment. They may also want to know why you believe you need the loan.
Make sure you know what you should be doing when you file for bankruptcy. There are many issues with personal bankruptcy code, and these pitfalls can cause problems with your case. Some mistakes could lead to having your case dismissed. Take the time to research personal bankruptcy before moving forward. This will make the bankruptcy process much simpler.
Once the bankruptcy is complete, you may find it difficult to receive unsecured credit. Look into getting a secured credit card in order to get back on your feet with building credit. When you do this, it shows your determination to fix your credit history. Then, in time, it may be possible for you to obtain an unsecured credit card.
As you are heading towards a bankruptcy filing, don’t be tempted to run up cash advances on your credit cards in the belief they will be erased in the legal proceedings. This is illegal. It’s fraud, and you can still be responsible for paying it back even after declaring bankruptcy.
Before you file for bankruptcy, find out which of your assets will be exempt from seizure. The federal statutes covering bankruptcy can tell you exactly which assets are exempt from forfeiture to pay off creditors. It is important to be aware of this list so you will know what assets are saved. While it might not be possible to protect a particularly beloved possession, at least you will know in advance whether or not you risk losing it.
No matter what’s going on, make sure you tell the truth about your situation. Lying about debts and assets is a huge mistake. It is very illegal. If you tell falsehoods about your assets or debt, you could even wind up going to jail.
Before declaring bankruptcy, ensure that all other options have been considered. You could find relief from small debts by using a consumer credit counselor. You may have luck negotiating lower payments by dealing directly with creditors, but be sure to document any get and new agreement terms in writing from each creditor.
You may have your case dismissed because of errors. Normally you can re-file in this case. Be aware of the fact that automatic stays are usually only for a month following the date on which you file. It is possible to extend the stay, provided you can show just cause for the error and need for re-filing.
Be sure you know how Chapter 7 and Chapter 13 differ. If you file for Chapter 7 bankruptcy, all of your debts will be eliminated. The ties with the creditor will be broken. Chapter 13 bankruptcy though will make you work out a payment plan that takes 60 months to work with until the debts go away. Both options have advantages and drawbacks, so do your research before deciding.
Once you have decided that bankruptcy is your only option, research the bankruptcy laws for your state and familiarize yourself with the whole process. By learning as much as possible before, during, and after your bankruptcy you can help set yourself up for a better financial future.
Be sure you have no other choice but to seek bankruptcy. Many times a consolidation loan will ease your financial struggles. Going through a bankruptcy is a long and stressful process. Remember that your credit will be affected by the mark of personal bankruptcy for a long time. Therefore, before you file for bankruptcy you need to consider all of your alternatives.
Check around to find a bankruptcy attorney with a good reputation. Once you have nailed one down, inquire as to whether they provide a free consultation. If they offer a free consultation, pay him a visit, making sure to take your financial information with you. They will be equipped to give you an overview of the entire procedure and what it entails.
Don’t file for bankruptcy on a whim; do your due diligence first. Have a careful look at your debt and ascertain if you could relieve a lot of it via bankruptcy. Some debts for non-essential purchases such as those charged on credit card cannot be discharged when they were made 90 days or less before declaring bankruptcy. Make sure you understand the laws of the state you live in.
The economy is not in great shape right now, and although things are slowly getting better, there are still large numbers of people out of work and in debt. Even without steady income, there are things you can do to avoid bankruptcy. Hopefully you have figured out some ways to avoid bankruptcy for you or someone you know. We wish you well.
If you intending to file bankruptcy, do not transfer any of your assets over to someone else within 12 months of filing. This is a blatant attempt to hide assets and may result in your filing from being dismissed. Certain assets are untouchable by creditors. No matter what, it isn’t acceptable to conceal your assets in this way. You should hold off on filing if you recently engaged in a transfer of assets.