Filing for bankruptcy is a huge decision in anyone’s life. Before you go through with it, you need to understand the gravity of the situation. It is important that you understand everything involved in filing bankruptcy. Use these tips to get on the right track. Just make sure you do enough research so that you are more prepared for any future obstacles.
It is important that you increase your knowledge on personal bankruptcy by reviewing websites that provide reliable information. The United States Justice Department, the ABI (American Bankruptcy Institute), as well as the NABCA (National Assoc. Consumer Bankruptcy Attorneys) are excellent sources of information. The more information you have, the more confident you can be about any decision you make and you will know that you are doing the best thing possible for your situation.
The primary catalyst for filing personal bankruptcy is having a large amount of debt that can’t be readily repaid. If you’re in this position, it is a good thing to familiarize yourself with the laws that apply in your area. Every state has a separate law having to do with bankruptcy. In certain states if you file for bankruptcy your home remains protected, but the laws vary depending on where you reside. Familiarize yourself with the bankruptcy laws of your state prior to filing.
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, this debt won’t be discharged, and you could end up owing the IRS a whole lot more. Keep in mind that if the tax debt is eligible to be discharged, then the credit card debt is also dischargeable. Because of this, transferring the debt to your credit card is pointless.
After filing for bankruptcy, you may have difficulty getting approved for unsecured credit. If that’s the case, it is beneficial to apply for one or even two secured cards. Having a credit card of any type will allow creditors to realize that you’re attempting to work in the right direction to repair your credit. If you do well with a secured card and make strides to repair your credit, you will ultimately be able to receive an unsecured card.
You must be entirely candid when it comes to declaring assets and obligations in your bankruptcy petition. Whomever you use to file with must know everything there is to know about your finances, both good and bad. Divulge all of your information so that you and your lawyer can devise the best strategy for dealing with your situation.
Be sure you’re doing what’s right before you file for bankruptcy. There are plenty of other options open to you, like consumer credit counseling. If you file for bankruptcy, a mark is permanently left on your credit. Therefore, before you do this, you should utilize all the other options that you have.
State Legislature
Stay up to date with any new bankruptcy filing laws. These laws change regularly and you should stay up-to-date so you can make the best decisions. Review the state legislature web site or contact the state legislature office to keep abreast of changes in the law.
There are differences between Chapter 13 bankruptcy and Chapter 7; be sure to familiarize yourself with both. Investigate the benefits and pitfalls of both. Online resources may be able to provide all the information you need. If the information you read is unclear to you, take the time to go over the specifics with your lawyer before making a decision on which type you will want to file.
Consider filing for Chapter 13 bankruptcy. If you posses a regular source when it comes to income, and you have less than $250,000 of unsecured debt, you could file using Chapter 13 bankruptcy. You can secure your home under Chapter 13 and pay your debts with a payment plan. Expect to make payments for up to 5 years before your unsecured debts are discharged. However, if you miss even one payment, the court will dismiss your entire case.
Look at all of your options prior to deciding to file for bankruptcy. Some alternatives to filing for personal bankruptcy include debt repayment plans, interest rate reduction plans, and debt consolidation. Talk with the personal bankruptcy lawyer to find out more. Loan modification plans on home loans are a great example of this. Your creditors will be willing to work with you to allow you to pay off your debts. They may be able to take late fees off of your account, cut down your interest, or even extend the loan’s repayment period. Many times creditors are happy to work with you to ensure that you will repay your loan.
Don’t file for bankruptcy without knowing your rights. Do not take debt collectors at their word when they tell you that a specific debt can’t be discharged through bankruptcy. There are few debts that can’t be discharged. 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.
File when the time is right. Timing is important, and that is especially true when filing for bankruptcy. Sometimes it is the best option to file quickly, whereas in other situations filing should be put off until the worst has already passed. Speak with an attorney who specializes in bankruptcy to figure when is the best time to file, according to your situation.
If you plan on filing bankruptcy, never wait too long. Lots of people turn the other shoulder towards their financial woes and hope that they’ll disappear eventually. However, you should never do this. Debt can become a big problem rapidly, and if you fail to handle it, you can face foreclosure or garnishment of wages. Once you are aware that your financial situation is not manageable any more, your best bet is to speak with a bankruptcy attorney and find out what he or she recommends.
Prior to filing for bankruptcy, tell yourself that you cannot use the word “shame”. Bankruptcy can sometimes leave people feeling guilty, ashamed and alone. Continuing to let yourself feel that way can damage your emotional health and does not benefit you in your endeavors to deal with your financial situation. Maintaining a positive outlook during a troublesome financial upheaval is the best way to cope with bankruptcy.
Facing bankruptcy is a negative situation that can bring on stress. To help yourself deal with this stressful situation, make sure you hire a legitimate attorney. Don’t make your choice to retain a particular lawyer simply because they are the cheapest. The cheapest attorney may not be the best, but the most expensive may not be the best either. Ask your friends, relations and acquaintances who have shared your experience to give you referrals to good lawyers. Often, watching a bankruptcy proceeding can give you clues to the quality of a lawyer.
Don’t wait until it is too late to file for bankruptcy. Lots of people turn the other shoulder towards their financial woes and hope that they’ll disappear eventually. However, you should never do this. All your personal debts will easily go haywire, building and collapsing very quickly. This often leads to foreclosures and garnishments. Speak with a bankruptcy lawyer as soon as you become aware that you cannot handle your debts.
Consider all of your options before filing for bankruptcy. Think about seeing a credit counselor. You can get the help you need from a variety of non-profit credit counseling companies. They’ll talk to creditors and strive to get both your payments and interest rates lowered. All you have to do is give them your payments and they handle paying the creditors.
As you have seen, filing for personal bankruptcy can be complicated. Don’t let the amount of information overwhelm you! Take some time to think about the tips you have read here and how they apply to your situation. By taking your time, you will make the best decisions.