≡ Menu

Understanding What A Personal Bankruptcy Means For You

People generally mostly feel the need to get a bankruptcy filed for when they have more money owed than they can get. If this is your case, you should do some research about bankruptcy laws in your state. Different states have different laws regarding bankruptcy. In some states, your home is protected, while in others it is not. Become acquainted with local bankruptcy laws before filing.

TIP! Do not even think about paying your taxes with credit and petitioning for bankruptcy right after. Most of the time, you won’t be able to discharge this debt, and you could make things worse with the IRS.

Deciding to file a bankruptcy petition is quite significant and should be done carefully and deliberately. Read the suggestions below to learn what you should expect, and the steps you will need to take as you think through this decision. Take the time to do learn everything you can before filing.

Ask yourself if filing for bankruptcy is truly your best option. Avail yourself of other options, including consumer credit counseling, if they are appropriate for your situation. Bankruptcy is a permanent part of your credit, so before you make such a big decision, you might want to explore all other choices so that your credit history is affected as minimally as possible.

TIP! When bankruptcy seem inevitable it is important not to use your retirement funds or emergency savings to pay creditors. Unless there is no other choice a retirement account should not be used.

Learn as much as you can about bankruptcy by going to informational websites. The United States DoJ along with other private and nonprofit organizations all have insightful knowledge. You need to spend some time gathering valuable information so you can file your bankruptcy with confidence.

When you document your financial records, it is vital that you are 100% truthful in order to have a successful resolution to your bankruptcy process. Do not hide any income or assets or go on a spending spree before filing for bankruptcy: the court will find out and will not have a positive opinion of you.

TIP! Do not attempt to conceal any assets when filing for bankruptcy because you may be penalized when they are discovered. Whomever you use to file with must know everything there is to know about your finances, both good and bad.

Getting unsecured credit post-bankruptcy will likely be difficult. If that’s the case, it is beneficial to apply for one or even two secured cards. If you pay what you owe back promptly at all times, you can show that you are taking steps to be responsible about your payments and credit rating. After a certain time, you will then be able to acquire credit cards that are unsecured.

Before declaring bankruptcy, be sure you’ve weighed other options. For example, there are credit counseling services that can help you to deal with smaller amounts of debt. You might also be able to negotiate lower payments yourself, but make sure that you get written records of any debt modifications to which you agree.

TIP! 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. By law, paralegals and assistants can not give legal advice, so be sure that you are meeting with an actual attorney.

Be honest when filing for bankruptcy, because hiding liabilities or assets can only cause trouble to you. Wherever you file, that court has to be made aware of all details regarding your finances, positive and negative. Do not hold back anything, and form a sound plan to make peace with your reality.

Protect your house. Bankruptcy doesn’t always mean you’ll lose your home. There are mitigating factors, such as lose of value, or multiple mortgages. Check to see if you pass the requirements necessary to file for a homestead exemption.

TIP! Research Chapter 13 bankruptcy, and see if it might be right for you. If you posses a regular source when it comes to income, and you have less than $250,000 of unsecured debt, you could file using Chapter 13 bankruptcy.

It is important to understand your rights when filing bankruptcy. Filing for bankruptcy may allow you to get back property, such as an auto, jewelry, or electronics, that you may have had repossessed. If the repossession occurred within 90 days from your filing date, it is possible that some of your property can be returned to you. Talk to a lawyer for help with the petition filing process.

Bankruptcy should not be filed by anyone who makes more than their bills cost. It can seem like bankruptcy can be an easy way to avoid paying back your debts, however it leaves a serious mark in your credit report that can last between seven and ten years.

TIP! If you’re concerned about the details of keeping your car, try to ask your attorney about details regarding lowering your monthly payments. You can often lower your payment using Chapter 7 bankruptcy.

Prior to declaring bankruptcy you really need to be sure that you’ve exhausted all your other options first. If you owe small amounts of money, you can join a counseling program or straighten your finances out by yourself. Sometimes you can negotiate a reduced payment, though you must strive to get it all in writing.

If you are thinking about filing for bankruptcy, one of the first things you should do is look into the laws of your state. Did you know that in some areas, you cannot transfer assets from yourself to another person in the year previous to filing occurring? Also, a person cannot legally increase their debt amount on credit cards prior to filing.

TIP! Before filing personal bankruptcy, consider other options. Credit counseling is one option you should consider.

Be sure your home is well protected. You do not have to lose your home in the process of a bankruptcy. Depending on whether the value of your home has decreased or if you have a second mortgage on the home, you may end up keeping it. If this is not the case, find out more about Homestead Exemptions you might qualify for if you meet certain financial requirements.

If you are planning to file for bankruptcy in the immediate future, you should refrain from taking out cash advances via your credit cards. If you were to do this you could be charged criminally with fraud, because the act is intended to rip off the company.

Chapter 13 Bankruptcy

Don’t take too long when trying to decide whether you want to file bankruptcy. It’s very difficult admitting you need help, but waiting too long can actually make it worse. By speaking with a professional in a timely manner, you can get good advice before the bankruptcy process gets too difficult.

TIP! You do not have to lose everything you own when filing for bankruptcy. Your personal items will stay with you.

Consider filing for Chapter 13 bankruptcy. If you have a regular source of income and less than $250,000 in unsecured debt, you can file for Chapter 13 bankruptcy. This allows you to keep possession of your real estate and property and repay your debt through a debt plan. Such plans generally take between 3 and 5 years to complete, at which point. a discharge will be granted. Remember, though, that if you fail to make even one payment, the case will be thrown out and you’ll be right back where you started.

Write down everything that you owe. After this, you can file bankruptcy, so make sure this document is accurate. Double check all of your records so that you do not overlook anything. Don’t rush through the process if you desire that the amounts get discharged the right way.

TIP! Remember to include all the debt that you want to eliminate when you file your bankruptcy papers. Anything not specifically listed on the filing will be excluded in the final bankruptcy.

Don’t forget to enjoy yourself during your bankruptcy. Filing is the most intensive step in the process, so afterwards it’s important to let go of some of your stress. The stress of dealing with bankruptcy could cause you to fall into a depression, unless you take steps to take care of yourself. Life is going to get better once you get through this.

Some lawyers offer a free phone line so creditors may be referred there when they make attempts to contact you about your delinquent accounts. If you receive a call from a debt collector, simply provide them with this phone number and any relevant information to prove that your bankruptcy has cleared your debt. Just be sure that they are a legitimate business to safe guard your personal information. This should put an end to their calls.

TIP! If you have decided to file personal bankruptcy, first educate yourself as much as you can with your state’s bankruptcy laws. Your finances are at stake; learning as much as you can by being aware of what is happening and talking to your lawyer, helps you protect your future.

Before going through the Chapter 7 filing process, ensure that your co-debtors are abreast of any implications relating to this process. Debts that involved a co-signer can be discharged in Chapter 7 bankruptcy. However, your creditors will be able demand that your co-debtor pays the debt off in full.

There are people who believe that filing for personal bankruptcy will cause financial difficulties later on. While that is kind of true, your score might be superior to the credit score you had before you filed. Resist the temptation to open new lines of high-interest credit and make all your payments in a timely manner.

TIP! As bankruptcy begins to appear more likely, it is likely that you will have already spoken with at least some of your existing creditors. Always try to get confirmation of any agreements in writing, as these things could really be beneficial.

Make sure the time is right when you file a bankruptcy claim. Timing can be critical when it comes to personal bankruptcy cases. While there are times that it is ideal to file soon, there are other times in which you should wait. A lawyer is in the best position to evaluate your case and figure out when you should file for bankruptcy.

Think about opening a few new credit lines for the purpose of rebuilding credit following bankruptcy. You may not have unsecured credit options; however, secured cards can be a workable plan. Even though these type of cards can be costly with rates alone, they are still a good option to rebuild your credit. Anytime you have a line of credit that shows you’re making the payments on time helps your future chances of being able to get an unsecured credit card or loan.


Do not put off filing for bankruptcy. Lots of people turn the other shoulder towards their financial woes and hope that they’ll disappear eventually. However, you should never do this. Debt can become a big problem rapidly, and if you fail to handle it, you can face foreclosure or garnishment of wages. As soon as you discover your debt is getting too big, immediately get hold of a bankruptcy attorney so that you can talk to him or her about your options.


As this article has demonstrated, you do not have to go through bankruptcy. Several steps must be completed, and completed accurately. If you follow the advice given here, you’ll be able to make sure you have everything in order for when you file bankruptcy.

Comments on this entry are closed.