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Things You Must Have In Order Before Filing Bankruptcy

Individuals often seek to file for personal bankruptcy protection if their debts exceed their ability to repay them. If you have unmanageable debt, you need to familiarize yourself with regional bankruptcy laws. The laws governing bankruptcy vary from state to state. For instance, in some states, you can’t lose your home to bankruptcy, while in other states, you can. Be sure to have some familiarity with the law in your jurisdiction.

TIP! Do not use your retirement fund or savings to pay off creditors. No matter what you do, do not touch your personal savings unless there is no other option.

A lot of people in this day and age are deeply into debt. It seems that they can never pay their bills down, and they’re constantly pursued by collection agencies and creditors. You may have found yourself in the same situation, and you should know that bankruptcy could be a good option for you. To learn more about the process and what it means for you, check out the information provided below.

Never shirk on the truth in your petition for bankruptcy. Remember that if you hide your valuable assets or income from your bankruptcy trustee, you may risk a number of penalties and complications. Among these is the possibility that you could be blocked from ever filing again.

TIP! Look for a bankruptcy lawyer that comes from a personal recommendation instead of someone random on the Internet or in the yellow pages. To handle your bankruptcy, you need a trusted attorney, not a shady one that is out to take your money.

It is essential that you are honest and forthright in the documentation you provide for your bankruptcy filings. Not only is hiding income and assets wrong, it is also a crime.

Do not abandon hope. Filing for personal bankruptcy may possibly enable you to reclaim your personal property that have been repossessed, like your car, electronics and jewelry items. Any property repossessed within 90 days before filing bankruptcy, may be able to be returned to you. Talk to your lawyer to find out how to go about properly filing a petition.

TIP! Stay up to date with any new bankruptcy filing laws. Bankruptcy law evolves constantly, and it’s important to stay up-to-date to ensure that you file properly.

Learn of new laws prior to deciding to file for bankruptcy. If you want to file for bankruptcy successfully, it’s important to review the latest applicable laws. They tend to change frequently. If you are not sure about the current laws all you have to do is look into what laws have been passed.

Seek a less serious option prior to filing for bankruptcy. For example, if you only have a little bit of debt, you might be better off if you went through consumer credit counseling. Sometimes you can negotiate a reduced payment, though you must strive to get it all in writing.

Chapter 13

Understand the differences between Chapter 7 and Chapter 13 bankruptcy. Investigate the benefits and pitfalls of both. Online resources may be able to provide all the information you need. If you do not understand what you are reading, talk to your attorney before making that serious decision.

TIP! Carefully consider filing for bankruptcy on loans that have a co-signer, especially if that co-signer is a business associate, close friend or relative. If you choose Chapter 7, you are no longer responsible for joint debts.

Learn what you can about Chapter 13 bankruptcies. With a regular income and unsecured debt below $250,000, Chapter 13 is probably best for you. Chapter 13 bankruptcy permits you to remain the owner of your properties, while allowing you to repay your debt using a debt consolidation loan. 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. Remember that if you fail to make any of the payments on time, the court may dismiss your case.

If you filed for Chapter 13 bankruptcy, you can still get a mortgage or a car loan. It is a little more difficult, though. First, your trustee will have to approve the loan. When you meet with your trustee or financial adviser, make sure that you come up with a sound budget proposal. You also need to be prepared to answer questions about your need for the new item.

TIP! Keep the concept of shame out of your head if you are contemplating bankruptcy. Going through bankruptcy can cause you to lose a lot of self-esteem.

Car loans or mortgage loans are still a possibility when you have filed for Chapter 13. This is a lot harder. Your trustee must approve any new loans such as this. Present a planned budget that shows how you can take on the loan payment and stay current. It will also be necessary to show why a new purchase needs to be made.

Facing bankruptcy is a negative situation that can bring on stress. To have a reliable and trustworthy guide through the process, find a highly qualified attorney. Don’t let cost be the sole factor in who you hire. When it comes to choosing the right attorney, consider quality before cost. Rely on word-of-mouth referrals from others who have filed for bankruptcy, check the BBB, and take advantage of free consultation offers. When looking at bankruptcy attorneys, consider sitting in on one of their court hearings to find out how they handle the case.

TIP! Bankruptcy will erase debts. Don’t create any new debts before filing for it.

Make sure you are acting at the appropriate time. In bankruptcy filing, timing is quite important. In certain situations, you should file right away, but other situations will warrant you waiting. The professional advice of a bankruptcy lawyer can help you pin down the best time to file given your current financial state.

Know that bankruptcy can be much better for your finances than missing payments or making late payments on debts. Bankruptcy stays on your credit for quite some time. On the other hand, you can begin improving your damaged credit immediately. A fresh start is a great benefit of bankruptcy.

TIP! Filing for bankruptcy doesn’t mean you will lose all your assets. Personal belongings that fall under private property are something that you can keep.

Bankruptcy is a challenging time and can create a huge amount of mental and emotional stress. By hiring a competent attorney, you can alleviate some of that stress. Don’t let cost be the sole factor in who you hire. The cheapest attorney may not be the best, but the most expensive may not be the best either. Talk to friends who have been through a similar situation and ask them for referrals. If you really want to check up on them check out how well they do at court hearings.

If you file a Chapter 7 bankruptcy only to find that you are not qualified to use the homestead exemption, you might be able to put place your mortgage in a Chapter 13 case. Some cases make it best for you to take your Chapter 7 case to a Chapter 13 one, so make sure that you talk this over with your attorney.

TIP! Check each debt to be sure everything can be cleared through bankruptcy to avoid any excessive filing. Some debts, like student loans and past-due child support, cannot be discharged with bankruptcy.

If you know that you are about to file for bankruptcy, don’t exploit the information asymmetry and get huge cash advances on your credit cards. This is illegal. It’s fraud, and you can still be responsible for paying it back even after declaring bankruptcy.

Check to make sure all the information in your bankruptcy paperwork is accurate. It is fine for your attorney to complete the papers for you, but it is ultimately up to you to make sure the information contained is correct. Do not forget that your lawyer is likely overloaded with cases, so the chance that he will handle your case perfectly is unlikely. That’s why it’s important to double-check every bit of your information, including the paperwork.

TIP! Chapter 7 filings do not necessarily erase all of your debt. Sometimes secured debts will need to have a new agreement drafted for repayment, and some debts cannot be discharged at all.

Do not doddle with whether or not bankruptcy is for you. It can be difficult to admit you’re in need of help, but your debt will only grow larger if you put off your decision. Going to a lawyer as soon as you can is the best to remain in control of your situation.

When you have figured out that bankruptcy is your only choice, learn as much as you can about bankruptcy laws. In order to protect your financial future, you are advised to talk with your attorney and learn as much as you can about the bankruptcy process.

TIP! It’s important to do research. If you want to file bankruptcy, but can not afford to pay a lawyer, you might want to do it yourself.

If you think bankruptcy is an option, you will need to hire a bankruptcy attorney. An attorney can offer valuable advice and help to simplify an extremely complex process. They can also help to unravel the complexities of the paperwork and give you any further information you need.

When you speak with a bankruptcy attorney, it is important that you tell him everyone that you owe significant amounts of money too. No matter where the source of the debt comes from, you need to include it in your bankruptcy, or else it is still a debt you hold, even if it was a debt to another individual.

TIP! Filing for bankruptcy should not be embarrassing on your part. A lot of people feel depressed and as if they have failed when they seek bankruptcy.

Resist the temptation to be dishonest when filing for bankruptcy. Lying about your assets and debts can get you into serious trouble. It is very illegal. You could even spend time in prison for lying about this information.

Make sure that you have no other options besides bankruptcy, because it can affect your credit negatively. Some creditors will settle for lesser amounts on debt, or help you work out a more affordable payment plan. A good agreement can reduce your total amount of debt and help protect your credit score. Before filing, think about a loan for debt consolidation.


In the event your case for bankruptcy is dismissed due to an error you made, you may be able to file again. Typically though, your only luxury is an automatic stay, lasting for 30 days from the date of filing, if it was dismissed. If you need more than the allotted 30 days you should ask the judge for an extension if you have good cause.


Accuracy is key. Even with an attorney helping to file paperwork, you must know if all information is correct. Although bankruptcy attorneys have legal expertise, they also have plenty of cases to deal with. It is definitely not impossible for them to make mistakes. It’s a good idea to keep a careful eye on the paperwork and proceedings because of this.


As you can now see, there is much information available that can help you through your bankruptcy. Bankruptcy can help you start over with and give you tools to become a more responsible consumer.

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