Are you financially insolvent with bankruptcy looking like the only way out? You are not the only one. Many individuals have turned to bankruptcy as a means of finding relief from financial hardship. So have a look through the contents of this article to see what you should know about bankruptcy.
Most people that file for bankruptcy owe a lot of money that they could not pay off. If this is happening to you, then learn about the laws where you live. Bankruptcy rules vary by jurisdiction. You may find your home is safeguarded in one state, while in another it isn’t. Familiarize yourself with the bankruptcy laws of your state prior to filing.
When people owe more than what can pay, they have the option of filing for bankruptcy. If this sounds like you, start familiarizing yourself with your state laws. Bankruptcy laws vary from state to state so it is important to do your research. For instance, in some states you can keep your home and car, while other states prohibit this. See to it that you understand the bankruptcy laws in the area that you live prior to filing.
Determine which of assets are safe from seizure and which are not before filing for personal bankruptcy. Check the bankruptcy laws in your state to find out if certain items are excluded from your bankruptcy filing. It is vital that you completely understand which assets are protected and which assets can be seized prior to filing bankruptcy. If you do not read this list, you could be in for some nasty surprises in the future, if some of your most prized possessions are seized.
Do not give up. If you file for bankruptcy, you might be able to reclaim certain property that has been repossessed, such as your car, electronics or jewelry. You should be able to get your possessions back if they have been taken away from you within 90 days before you filed for bankruptcy. Get the advice of a qualified attorney who can advise you about ways to accomplish this.
Before filing for bankruptcy, hire a qualified attorney. There are many different aspects to filing bankruptcy, and you may not understand everything there is to know. An attorney will make sure that everything is being done correctly.
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. Do not tap retirement accounts unless there is no other alternative. While you may have to use a part of your savings, never completely wipe it out which would only leave you in worse financial shape in the future.
60 Month Period
There are two types of bankruptcy filing, Chapter 7 and Chapter 13 so make sure you know the differences. In Chapter 7 most of your outstanding accounts will essentially be erased. With very few exceptions, the connections between you and your creditors will be severed. With a chapter 13 bankruptcy, a 60 month period of time will be established in which you will repay the as much of your debt as possible. Following the 60 month period of time, the remainder of your debt will be excused. It’s important to know what differences come with every type of bankruptcy. This will let you find out what’s best for you.
Understand the differences between a Chapter 7 bankruptcy and a Chapter 13 bankruptcy. There is a wealth of information online about each type of bankruptcy and their respective pluses and minuses. If there is anything that you don’t understand, go over it with your lawyer so that you can make the best decision.
When it comes to informing your attorney about your case, don’t be fearful. Never assume that they can remember all details without reminders. Be as open as you can be to make sure your bankruptcy goes as well as possible.
Chapter 13
Consider filing for Chapter 13 bankruptcy. If your total debt is under $250,000 and you have consistent income, Chapter 13 will be available to you. That way, you can hold onto your personal assets and pay back a portion of your debts pursuant to an approved plan. The length of the plan is generally up to five years, and when this is over, you will be free of unsecured debt. Remember that if you fail to make any of the payments on time, the court may dismiss your case.
You should weigh every option before thinking about bankruptcy. Speak with an attorney who specializes in bankruptcy to find out if alternatives, such as a debt repayment plan or a reduction of your interest rates, might be better for you. Loan modification plans on home loans are a great example of this. Your lender can help you get current on your loan by offering you one of a number of modifications, such as getting rid of late charges, lowering interest rates, or extending the length of the loan. After all is said and done, your creditors will still want their money. For this reason, you may wish to investigate debt repayment programs in lieu of bankruptcy programs.
You may still have trouble receiving any unsecured credit after a bankruptcy. This being the case, look at secured card options. By doing this, you will be letting people know that you want to fix your credit score. If you pay your secured card off on time, you’ll eventually find that companies will start offering you unsecured credit.
Find out about lowering the cost of the payment you pay monthly on your car, if you are afraid of losing it. Lower payments can sometimes be structured into a Chapter 7 solution. The car loan must have been initiated prior to 910 days before your petition. It must carry a loan with high interest. You should also have a steady history of work.
Before declaring bankruptcy, it is important to know your rights. You might hear from your creditors that your debts cannot be canceled through bankruptcy. There are few debts that can’t be discharged. If you are speaking to debt collectors about another type of debt and they tell you it cannot be discharged, check your local regulations. You can report the collectors to your state attorney general if they are lying about this.
In conclusion, you aren’t alone when it comes to filing for bankruptcy. Unlike others in this situation, you now have the information you need. Apply the knowledge from this article to go about your bankruptcy in a smooth fashion.
Try to get a bankruptcy lawyer that your friends recommend, as opposed to someone that you find from the Internet or yellow pages. Some companies just want to take advantage of you, so it is important that you have help from someone you trust.