≡ Menu

What Everyone Should Know Before Filing For Personal Bankruptcy

Do not even think about paying your taxes with credit and petitioning for bankruptcy right after. Most places will not consider the debt dischargeable, meaning you will have to pay the IRS a lot of money. One thing that you should remember is that if your tax is dischargable, your debt will also be dischargeable. So as you can see, in this situation there is no need to use the card when the debt will be discharged when you file for bankruptcy.

TIP! Before filling for bankruptcy, determine which assets will be exempted from seizure. The Bankruptcy Code lists the kinds of assets which are exempted when it comes to the bankruptcy process.

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. Learn as much as you can beforehand.

Don’t throw in the towel. You can often have property returned to you. Autos, jewelry and even electronics that have been repossessed, could be returned. If your property has been repossessed less than 90 days prior to your bankruptcy filing, there is a good chance you can get it back. A qualified bankruptcy attorney can walk you through the petition process.

TIP! Find a bankruptcy attorney who offers free consultations, and ask lots of questions. It is a good idea to consult several attorney before deciding on one.

Make sure you’ve exhausted all other options prior to declaring bankruptcy. Debt advisors are one of the many other avenues you can consider. Be sure to consider all options before filing for personal bankruptcy, as this will take a large toll on your credit score for the next ten years.

Before filing for bankruptcy, determine whether Chapter 13 or Chapter 7 is appropriate for your financial situation. Should you choose Chapter 7, your total debt load will be erased. All the things that tie you to creditors will go away. If you file for Chapter 13 bankruptcy, however, you will enter into a 60 month repayment plan before your debts are completely dissolved. It’s important to know what differences come with every type of bankruptcy. This will let you find out what’s best for you.

Unsecured Credit

Find ways to relax while you go through the process of filing for bankruptcy. The filing process is extremely stressful for a lot of the people who go through it. This stress could morph into clinical depression, if you fail to adequately address the problem. Life will get better after you finally get this situation over with.

TIP! Remember that filing for Chapter 7 personal bankruptcy will not just affect you. Think about the effect it will have on business associates, friends and family or anyone else who may be a co-signer with you.

After filing for bankruptcy, you could have trouble acquiring unsecured credit. Since it is important that you work to rebuild your credit, you should instead think about applying for a secured card. This will be a demonstration of the seriousness with which you view rebuilding your credit rating. Once you’ve built up a history of on-time payments, you may start getting unsecured credit again.

When you file for bankruptcy, you should be very aware of your rights. Do not take debt collectors at their word when they tell you that a specific debt can’t be discharged through bankruptcy. Only a small number of debts are not dischargeable, including student loans and child support obligations. If the bill collector is trying to deceive you, then report that company to your local attorney general’s office.

TIP! Bankruptcy can cause anxiety and a host of other physical and emotional issues. The best way to lessen this stress is to employ a lawyer, who can handle most of it for you.

Determine which of assets are safe from seizure and which are not before filing for personal bankruptcy. The Bankruptcy Code provides a listing of the various asset types that are not included in the bankruptcy process. Prior to filing for bankruptcy, it is critical that you go over this list, so that you know if you can expect any of your most valuable possessions to be seized. If you fail to go over this list, you may be unpleasantly surprised sometime down the road if any of your most valued items are seized.

Do not put off filing for bankruptcy. Some people just ignore the trouble they are in financially and think it will go away later. This is not a good decision. 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. As soon as you realize your debts far outweigh your income, call a bankruptcy lawyer to talk about what your choices are.

TIP! Before petitioning, you need to know what the personal bankruptcy rules are first. There are many traps in the bankruptcy laws that could trip up your case.

Do some research about laws and legislation before filing. Bankruptcy law evolves constantly, and it’s important to stay up-to-date to ensure that you file properly. To learn about these changes, try contacting your state’s legislation office or checking their website.

Never take big cash advances from the credit cards that you own prior to filing for bankruptcy, even though you know that the debt will be erased. This is illegal. It’s fraud, and you can still be responsible for paying it back even after declaring bankruptcy.

TIP! Be cautious if you are planning to pay off any of your debts before you file for bankruptcy. There are many laws when it comes to bankruptcy, including prohibition of paying some creditors 90 days before you file, as well as family for a whole year.

Before making your decision to file for bankruptcy, double-check to see if other, less drastic options could make sense. If you owe small amounts of money, you can join a counseling program or straighten your finances out by yourself. You may also find success in negotiating lower payment arrangements yourself, but be certain to get any arrangements with creditors in writing.

You do not need to halt your plans to file simply because you have changed jobs. It might still be wisest to file for bankruptcy. The timing of filing is a huge factor. As long as your bankruptcy filing is posted prior to receiving income from your new job, this additional income will not be considered.

TIP! If you make a mistake and the judge dismisses your personal bankruptcy case, it is possible to file again. But, generally speaking, the automatic stay will apply for 30 days only if you have already received a prior dismissal.

Make time to visit with family and friends during the bankruptcy process. The process of bankruptcy can seem brutal. It is lengthy, stressful and often leaves people feeling ashamed, unworthy and guilty. Lots of people decide they should hide from everyone else until it is all over. This is not a good idea because staying alone could cause serious problems with depression. It’s crucial to spend time with loved ones despite your present financial situation.

Credit cards with recent activity cannot be included in a bankruptcy. People often times try to use bankruptcy as a way to avoid paying taxes, one trick people try is to use credit cards to pay taxes and then claim bankruptcy. This is a little trick they try, assuming that a credit card balance won’t be looked at the same way. However, legislation concerning bankruptcy forbids this and leaves you stuck with owed taxes and interest accrued.

TIP! If you are sure that bankruptcy is your only option, start learning everything you can about bankruptcy laws for your state. Filing for bankruptcy will affect your financial future, so knowledge and a proactive attitude can help make the process smoother.

After your initial filing, take time to enjoy yourself a bit and get your mind off of it. A lot of debtors usually get stressed when they file. That stress can lead to depression, if you don’t take the right steps in fighting it. Your life will see improvement after you get past the bankruptcy.

Don’t lie or try to cover up any facts when you file for bankruptcy. If you fail to disclose pertinent information in your filing, your case might be dismissed right away. Make sure all assets and income sources are accounted for when you file your petition. This will be a show of good faith to the court and can help them to properly rule in your proceeding.

Chapter 7

Educate yourself on all personal bankruptcy laws. When confronted with the need to file bankruptcy, affording a lawyer can be difficult. This often tempts people to file on their own. Make sure you learn everything about this topic first. When filers do it themselves, errors tend to be made. Be certain that you complete everything properly so that will not happen to you.

TIP! Stay in touch with your attorney so you know what he or she is doing regarding your bankruptcy. It is important to keep informed, so don’t be afraid to call and ask any questions you may have.

Before you make the decision to file Chapter 7 personal bankruptcy, take time to think about anyone it could affect. You can relieve yourself of any liability for debts that you may share with someone else through a Chapter 7 filing. However, creditors can demand co-debtors pay the amount in full.

Do a lot of research before deciding whether or not to file. Analyze your debts to determine which could be discharged through bankruptcy. There are debts that are not dischargeable. For example, a credit card debt consisting of nonessential purchases incurred within three months of the bankruptcy declaration cannot be discharged. Always check your state laws.

TIP! Once you file for bankruptcy you need to be extremely careful about any debt you incur. A lot of lenders offer credit cards and loans directed at people who have just come out of a bankruptcy.

Know your rights when filing for bankruptcy. Certain unscrupulous creditors will try to convince you that certain debts can’t be discharged in bankruptcy. What you can’t file on is very small, like student loans or child support payments. If any debt collectors tell you that their debts can’t be bankrupted, make a report with your state attorney general.

Filing for bankruptcy is an option that can put an end to harassing creditors calling you at your work and home. Being unable to support yourself and pay your bills is never a good feeling. Bankruptcy may be a way for you to keep stress from getting you down while you are trying to fix your financial problems.


As you can see from the above article, bankruptcy doesn’t just happen. By going through the process correctly, the outcome will be further in your favor than it might otherwise have been. 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.