Do not consider bankruptcy until you have researched your other options. This is due to the current financial climate. Before you begin to file bankruptcy, it’s imperative that you know how it works so you can make wise decisions. This article is going to give you that knowledge.
Credit Card
A lot of people find themselves needing to file bankruptcy when they are unable to pay their bills. When you get into this situation yourself, your first step is to familiarize yourself with your local bankruptcy regulations. Bankruptcy rules vary by jurisdiction. Some states may protect you home, and some may not. You should be familiar with the laws for your state before filing for bankruptcy.
If you are thinking about paying off your tax obligations with a credit card and then filing bankruptcy, think again. Credit card debt is handled charge by charge during bankruptcy, and in most states, tax debt cannot be discharged through bankruptcy. The rule here is that if you can get the tax discharged then you can get the debt discharged. So using your credit card to pay off your tax obligations, then filing for bankruptcy, can actually hurt you instead of help you.
As filing bankruptcy becomes more of a reality, don’t use your entire savings or your retirement funds to pay creditors or attempt to resolve insolvency. Retirement accounts should never be accessed unless all other options have been exhausted. 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.
After filing for bankruptcy, you could have trouble acquiring unsecured credit. Secured cards can be a great way to get started if this happens to you. This will show other people that you’re serious when it comes to having your credit record in order. Then, in time, it may be possible for you to obtain an unsecured credit card.
Do not try to get clever by paying your taxes via credit card before you declare bankruptcy in an effort to dodge your tax burden. In most states, you will still owe money to the IRS and have to take care of the interest of your credit cards. Should the tax be dischargeable, the debt is often dischargeable as well. Because of this, transferring the debt to your credit card is pointless.
Don’t file for bankruptcy until you know what assets of yours can and can’t be seized. The Bankruptcy Code has lists of various asset types that are exempt during the process. It is vital that you know the things on this list prior to filing for bankruptcy, in order to determine which of your possessions will be taken away. Without reading the list, you may be shocked at which possessions can be taken from you.
If you are considering filing for bankruptcy you definitely need to hire an attorney. Bankruptcy can be highly confusing and stressful, and you need an unbiased partner who can help simplify the process. A specialized bankruptcy lawyer can ensure that you are handling your bankruptcy filing the right way.
Chapter 7
When you do meet with a lawyer make sure that they answer all of your questions and that they do not charge you for consultation alone. Most lawyers offer free consultations, so consult with a few before settling on one. Don’t hire an attorney who fails to address all your concerns and questions. You don’t have to make your decision right after this consultation. So you have sufficient time to speak with a number of lawyers.
Understand the differences between Chapter 7 and Chapter 13 bankruptcy. Under Chapter 7 type bankruptcy, all debts are forgiven. 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 is worth while to take your time to research both types of bankruptcy to decide which option works best for you, and your financial situation.
Safeguard your home. Bankruptcy filings do not necessarily mean that you have to lose your house. Depending on if your home’s value has gone down or if it has a second mortgage, you might be able to keep it. If you’re not sure, however, you can always study the particular homestead exemption regulations. You will learn everything you need to know.
Understand the differences between a Chapter 7 bankruptcy and a Chapter 13 bankruptcy. Spend time researching the advantages and disadvantages of filing for each one of these. If you don’t understand the information you researched, consult with your attorney about the details before you decide which type of bankruptcy you want to file.
If you’re going to file bankruptcy, you need an attorney. It is difficult to make all of the necessary decisions yourself, and expert guidance will be helpful. A bankruptcy attorney can help yo,u and make certain you can do things the right way.
Debt Repayment Plan
Before declaring bankruptcy, see if there’s anything less drastic you can do to repair your credit. Ask a bankruptcy lawyer if a debt repayment plan or rate reduction would be of benefit. If you are about to lose your house, talk to your lender about a loan modification. Sometimes your lender will work with you to help pay off your debt by giving you a lower interest rate, forgiving late fees, or extending the time period of your loan. At the end of the day, creditors want to get paid, and sometimes a debt repayment plan is preferable to dealing with a bankrupt debtor.
Bankruptcy is extremely popular nowadays due to the terrible economy. Use the tips you just read to make good decisions and remain in control of your financial situation.
See if there is an alternative you can use before declaring bankruptcy. For example, if your debt is small, try a type of consumer counseling program. You may have the ability to negotiate much lower payments, just be sure any debt modifications you agree to are written and that you have a copy.