It can be a complicated process to file for personal bankruptcy. All types of bankruptcy exist. The kind that you select depends on your finances and your debt. Before you decide to file for personal bankruptcy, you need to educate yourself about it. Check out the tips listed below if you want some solid info on the subject.
Be sure everything is clear to you about personal bankruptcy via looking at websites on the subject. The United States DOJ, the NACBA, and the ABI all have useful information. Knowing as much as possible about bankruptcy gives you an advantage and will help you make the best decision possible.
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.
Credit Card
Think twice if you have struck upon the idea of paying off your taxes by credit card and subsequently filing for personal bankruptcy. Credit card debt is handled charge by charge during bankruptcy, and in most states, tax debt cannot be discharged through bankruptcy. Bear this in mind; if the tax can be discharged, then the debt can be as well. So it does not help you to put the tax bill on your charge card if you know the debt will be discharged anyway.
Always be honest with the information you give about your finances. Not only is hiding income and assets wrong, it is also a crime.
If you know people who have filed for bankruptcy, ask them who they would recommend rather than relying on Internet reviews or worse, just randomly picking someone out of the phone book. There are plenty of companies who know how to take advantage of people who seem desperate, and it’s important to be sure your bankruptcy can go smoothly; take your time and choose someone you can trust.
Prior to filing for bankruptcy, determine which assets, if any, are exempt from being seized. The Bankruptcy Code lists the kinds of assets which are exempted when it comes to the bankruptcy process. It is important that you read this list before filing for bankruptcy, so that can find out whether or not your most prized possessions will be seized. Without reading the list, you may be shocked at which possessions can be taken from you.
You should never give up. If you file for bankruptcy at the right time it could enable you to get your property back that you lost to repossession. If it has been fewer than 90 days since you filed for bankruptcy, it is possible for you to get repossessed property back. Get help from your lawyer to file a petition so you can get your items back.
Chapter 13
If you are planning to file for bankruptcy, be sure to learn what types of assets you will be able to keep and which can be seized. The federal statutes covering bankruptcy can tell you exactly which assets are exempt from forfeiture to pay off creditors. It is vital that you completely understand which assets are protected and which assets can be seized prior to filing bankruptcy. If you fail to do so, things could get ugly.
Consider filing using chapter 13 bankruptcy. If your total debt is under $250,000 and you have consistent income, Chapter 13 will be available to you. Filing a Chapter 13 will let you keep personal items and real estate while you pay down your debt in a consolidation plan. That plan lasts approximately three to five years, and then you are discharged from unsecured debt. However, if you are unable to properly commit to the plan you agree to, your case can be dismissed.
If you are earning enough to cover your bills, don’t file for bankruptcy. Bankruptcy may seem to be the easy way out, but your credit report will show the scar for the next ten years.
After your initial filing, take time to enjoy yourself a bit and get your mind off of it. It’s easy to be stressed during this time. That stress can cause depression, if you don’t take care to avoid it. Life will get better; you just need to make it through the bankruptcy process.
Be sure you know how Chapter 7 and Chapter 13 differ. Under Chapter 7 type bankruptcy, all debts are forgiven. Your responsibilities to your creditors will be satisfied. On the other hand, filing for bankruptcy under Chapter 13 means you will have 60 months to pay your debts back. It’s crucial that you know the differences between all of the various kinds of bankruptcies so that you may choose the best option for your situation.
If you have filed for Chapter 13 bankruptcy, you will still be allowed to apply for and receive a mortgage or car loan. However, there are steps which must be taken to ensure you are within the law of bankruptcy. You have to meet with your trustee to get approval for the new loan. Draw a budget up and show how you can pay the newer loan payment. You will always have to let them know why this item needs to be purchased.
Look at bankruptcy as a chance to mature and take responsibility for your personal finances. Filing for bankruptcy leads people to feel all sorts of emotions like shame, guilt and feeling irresponsible. Feelings such as these are not of value to you and it is possible for them to be psychologically harmful. Keeping a positive attitude during worrisome financial trouble is the smartest way to deal with a bankruptcy.
Gain an understanding of bankruptcy law before you file. There are many issues with personal bankruptcy code, and these pitfalls can cause problems with your case. It is even possible to make the sorts of errors that can cause your case to be dismissed. Thoroughly research bankruptcy before you make the decision to file. This will make the process go as smoothly as possible.
Make time to visit with family and friends during the bankruptcy process. Going through bankruptcy is a lot of stress. It takes a long time, it can be stressful, and people feel unworthy, guilty and ashamed. Some folks tend to stay in the shadows until their case has concluded. On the other hand, isolation of a self-imposed nature can only worsen your feelings, opening the door to mental depression to join your financial depression. So, even though you may be ashamed of the situation you are in, you should still be around those you love.
Bankruptcy is not a decision to be taken lightly. If you choose bankruptcy as a financial answer for your situation, you can only benefit from having a lawyer dedicated to this industry to help you out.