Are you in a financial jam and you feel like bankruptcy is the only option for you? You’re not alone, so don’t fret. Some people have turned to bankruptcy, as it is their only option for getting rid of a bad financial situation. You are going to be given advice in this article that will help ensure the bankruptcy process goes properly.
Generally bankruptcy is filed when a person is facing insurmountable debt. If this is your case, you should do some research about bankruptcy laws in your state. The laws governing bankruptcy vary from state to state. Some states protect your home, and others do not. You should be familiar with the laws for your state before filing for bankruptcy.
Before making the decision to file for bankruptcy, be sure to do some research and learn all you can about the subject. There are many websites available that offer this information. The United States Department of Justice and National Association for Consumer Bankruptcy Attorneys provide excellent information. Knowing is half the battle, after all, and these websites are the first step in learning what you need to know to make your bankruptcy smooth and stress-free.
One of the best ways to learn more about the bankruptcy process is to hit the Internet and look up reputable bankruptcy websites. The U.S. D.O.J., the A.B.I and the N.A.C.B.A. are all useful organizations willing to provide educational material. Knowing is half the battle, after all, and these websites are the first step in learning what you need to know to make your bankruptcy smooth and stress-free.
Never shirk on the truth in your petition for bankruptcy. Resisting the temptation to hide income or valuable assets from the bankruptcy trustee is a smart way to avoid potential complications, penalties, and the possibility of being barred from re-filing in the future.
Unsecured Credit
When it soaks in that filing for personal bankruptcy, don’t use all of your retirement funds, or all of your savings to resolve insolvency or pay creditors. No matter what you do, do not touch your personal savings unless there is no other option. 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.
It’s not uncommon to learn soon after bankruptcy that you are unable to get an unsecured credit card easily. If this happens, instead you should turn your attention to secured credit cards. This at least shows you are making an honest attempt at reestablishing your credit worthiness. Unsecured credit may be offered to you quicker than you think after doing so.
Many bankruptcy lawyers offer free consultations, so go to several before choosing one. Meet with the actual lawyer, not a paralegal or assistant, as they’re not allowed to give out legal advice. Be sure to check out a number of lawyers so that you will find one who is just right for you.
Always protect your house. Just because you’re going bankrupt doesn’t mean that you also have to be homeless! Depending on certain conditions, you may very well end up being able to keep your home. If you meet certain criteria, you may be able to retain ownership of your home even after filing for bankruptcy.
Try to find a bankruptcy attorney who is personally recommended, rather than off the Internet, or out of the yellow pages. Bankruptcy attracts a lot of fly-by-night firms that take advantage of desperate people, and a word-of-mouth recommendation makes it more likely that your bankruptcy will go smoothly.
Before filing bankruptcy consider every available avenue. Maybe you can just consolidate debt to make it simpler to deal with. Going through the bankruptcy process is a long drawn process which at times can be incredibly stressful. It will have a long-lasting effect of your future credit opportunities. Because of this, you should be sure that bankruptcy is your only option before you file.
Car loans or mortgage loans are still a possibility when you have filed for Chapter 13. However, there are steps which must be taken to ensure you are within the law of bankruptcy. Your bankruptcy custodian will need to approve the loan. You need to show them why and how you can handle paying back the new loan. Also, you need to be ready to say why you’re going to need the item.
Don’t file for bankruptcy without knowing your rights. Some debtors will try to tell you your debt with them can not be bankrupted. There are, indeed, some debts that cannot be bankrupted. Among them are student loans, child support and alimony payments. If a collector tries to convince you that some other type of debt, such as a credit card, is non-discharagable, get the company’s information and send a report to your state attorney general’s office.
Keep with what you have decided to do. When you file for personal bankruptcy, you may even be able to retrieve personal property that has been repossessed. For example you may be able to get your car, electronics and even jewelry returned to you. If your property has been repossessed less than 90 days prior to your bankruptcy filing, there is a good chance you can get it back. Speak with your attorney about filing the correct petition to get your property back.
Financial Information
Make sure that you disclose every bit of financial information on your bankruptcy petition. Failing to list these could cause the dismissal or delay of your bankruptcy petition. Even if you believe that certain financial information is inconsequential, do not avoid including it in your documentation. This includes income from second or part time jobs, vehicles and loans.
Gain an understanding of bankruptcy law before you file. There are some clauses within bankruptcy that could cause you upsets. If you do not know bankruptcy law, your bankruptcy case could be dismissed. Before continuing, research personal bankruptcy. This will make the process go as smoothly as possible.
Avoid paying for a consultation with the bankruptcy attorney, but do ask many questions. Most attorneys offer free initial consultations, and you should take advantage of the chance to interview multiple practitioners. You should make a final decision only once all of the questions or concerns are sufficiently attended to. It is not necessary to come to a decision immediately following the meeting. You can take your time and check out several attorneys before making your final selection.
Watch how debts are paid off prior to filing. When you’re planning on filing bankruptcy, your finances have to be in a state of limbo, for lack of a better term. Paying off creditors, transferring assets, and acting in any way other than financially strapped may result in a failed claim. Study applicable regulations prior to making any financial choices.
Credit Cards
Many people who file for bankruptcy vow to stop using credit cards. This may not be such a great idea because you still need credit to to help build better credit. Credit cards are necessary for proving that you have gained financial stability and for garnering mortgage and auto loan approvals. Begin to go down the right path by obtaining a single card.
Remember to understand the differences between Chapter 7 bankruptcy and Chapter 13 bankruptcy. Chapter 7 involves the elimination of all of your debt. Any ties that you have with creditors will be dissolved. If however you enter Chapter 13, you will go into a five year repayment program prior to your debts dissolving entirely. It’s imperative that you know the differences among the various categories of bankruptcy so that you are able to choose the wisest one for you.
Take the time to make a complete list of your debts. You will need this list when you file, so it is important for it to be as compete as possible. Go over all your financial records and do not forget anything. Remember to take your time here. Rushing through will ensure that some numbers somewhere will be mixed up and then the process will blow up in your face.
As was stated earlier, the bankruptcy journey is one shared by many others. But, unlike those people, you are more educated, since you have read this article. Use the above tips to make sure the bankruptcy process goes smoothly.