Just thinking of filing for bankruptcy can scare a person. A good number of families are having trouble containing their debt and managing their expenses. If these are issues that plague you, you will find this article full of helpful advice.
Do not even think about paying your taxes with credit and petitioning for bankruptcy right after. You will find few states that discharge this kind of debt. You may also wind up owing a lot of money to the IRS. In most cases, you can use the adage that “a dischargeable tax is a dischargeable debt.” 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.
It is important to remind your lawyer of any details that may be important to your case. Do not assume that if you’ve already told him or her something important once, that they will remember it later without a reminder. Do not hesitate to speak up; this is your hearing and your future is on the line.
If you suspect that bankruptcy filing may be a reality, don’t try to discharge all your debt in advance by emptying your retirement or saving accounts. You shouldn’t dip into your IRA or 401(k) unless there is nothing else you can do. You may need to tap your savings, but don’t empty your savings account, as this could leave you in a difficult situation down the road.
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.
It is important to remind your lawyer of any details that may be important to your case. Lawyers are people too, and sometimes they forget important information and need to be reminded. This is your bankruptcy case, so do not be afraid to remind your lawyer of any key facts.
Prior to filing your bankruptcy petition, go over the list of assets that cannot be seized by creditors. The Bankruptcy Code contains a list of various assets that are excluded from bankruptcy. It is vital that you completely understand which assets are protected and which assets can be seized prior to filing bankruptcy. If you don’t read this list, there is a chance that you might get nasty surprises when they take your things away.
Personal Bankruptcy
Be persistent in researching information about filing for bankruptcy and consult a qualified personal bankruptcy attorney. Filing for personal bankruptcy may possibly enable you to reclaim your personal property that have been repossessed, like your car, electronics and jewelry items. 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.
Any bankruptcy consultation should be free of charge. Most lawyers will meet with you for free and give you helpful advice, so meet with several. Therefore consult with different lawyers and get a feel for them, then decide which one suits your needs You don’t have to make your decision right after this consultation. Take your time, and schedule consultations with more than one lawyer.
Take the time to find a simpler solution to your financial issues, before filing for bankruptcy. Those with smaller debts may find use in a program for consumer credit counseling. 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.
Learn the newest bankruptcy laws before filing. Bankruptcy law has changed substantially in recent years, and therefore you must understand how such changes may affect your situation. To stay up-to-date on these laws, check out your state’s government website.
Learn and gain a firm grasp of the differences in applying for Chapter 7 bankruptcies versus Chapter 13 bankruptcies. Learn the benefits and drawbacks of each type before deciding which is right for you. Once you have done your own research, be sure to review your findings with your lawyer, who is the expert. This way, you can be sure of making a well informed choice.
If your paycheck is larger than your debts, avoid filing for bankruptcy. Although bankruptcy might seem to be an easy way of being able to pay for your debts, you must remember that it is something that will remain roughly about 7 to 10 years in your credit report.
Find out if you can use Chapter 13 bankruptcy, as it may help you better than the other laws. With a consistent income source and less than $250k in debt, try filing for Chapter 13. That kind of bankruptcy allows you to hold on to your personal things and real estate while repaying your debts with a plan to consolidate your debt. That plan lasts approximately three to five years, and then you are discharged from unsecured debt. 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.
Chapter 7
Before you make the decision to file Chapter 7 personal bankruptcy, take time to think about anyone it could affect. Debts that involved a co-signer can be discharged in Chapter 7 bankruptcy. Any co-debtor may well be held responsible for paying off the total remaining amount of the debt, though.
Know your bankruptcy rights. Bill collectors can try to scare you into believing that your debt will not be cleared. Only a few debts are immune to bankruptcy. Taxes, student loans and child support would be the major ones. If a collector tells you your debt won’t be discharged in your bankruptcy and you know that it will, report the collector to the attorney general’s office in your state.
Be certain to have a good understanding of bankruptcy regulations prior to filing a petition. For instance, you may not be aware that a filer is forbidden from transferring assets from his or her name for one full year before the petition is filed. Also, you can’t go and max out your credit card just because you are about to file for bankruptcy.
Prior to filing for bankruptcy, tell yourself that you cannot use the word “shame”. It is not uncommon for bankruptcies to elicit feelings of guilt, remorse and embarrassment. But, there is nothing positive about feeling this way and it can actually affect your mental state. A good way to deal with bankruptcy is to make sure that you keep a stiff upper lip.
When filing for personal bankruptcy, always supply all of your financial information. You can delay your bankruptcy process if you do not add in all important information. Even if it looks insignificant, you must add it to your documents. Include all jobs, assets and loans.
People who are afraid of bankruptcy have good cause to be; the process can be scary and stressful. You may have lived in fear of it before, but you no longer have to now, thanks to this article. By using the tips and information you’ve gathered here, you will be able to face your fear head on and look forward to a brighter financial future.
You do not lose everything that you own when you decide to declare bankruptcy. Personal property can be kept. Personal property includes items like furniture, electronics, jewelry, and clothing. This will depend on your state’s laws, the type of bankruptcy you file for, and your financial situation, but you may be able to retain large assets like your home and car.