Bankruptcy can be both a relief and a stressful situation. It is not fun when you have to bear all your finances out in the open and everyone picks apart your financial situation. By contrast, once your bankruptcy is complete, you will have the freedom to rebuild your credit without being hounded by debt collectors. If you would like to make filing for personal bankruptcy much easier, simply follow the steps we present here.
Avoid exhausting your savings or emptying your retirement accounts to pay off creditors if you are considering filing for bankruptcy. Retirement funds should be avoided at all costs. Of course you will have to touch some of your savings to get through all of the hearings, but do not put out any money that you do not have to by law.
Consider all options before deciding to file for personal bankruptcy. Look into credit counseling to see if it could help you work out of your debt without bankruptcy. Be certain that bankruptcy is the only option you have before pursuing this course because bankruptcy is always evident on your financial and credit history.
If you aren’t totally honest about your assets when filing a bankruptcy petition, you could get into serious trouble. All of your financial information, be it positive or negative, must be disclosed to those in charge of filing your case. They need to know it all. Do not hold anything in secret and create a strategy on how you will deal with the things you are facing.
Familiarize yourself with the bankruptcy code before you file. Bankruptcy laws are always changing, and you need to be aware of any changes so your bankruptcy can be properly filed. If you are not sure about the current laws all you have to do is look into what laws have been passed.
Chapter 7
Prior to filing for bankruptcy, discover which assets cannot be seized. The Bankruptcy Code includes a list of the types of assets that are exempt from the bankruptcy process. You need to compare this list to the assets you own so that you are not surprised when certain assets are seized. Failure to do this could cause some ugly surprises down the road when you discover that your valuables must be seized.
The two main kinds of bankruptcy are Chapter 7 and Chapter 13. Make sure you understand them so you know what is best for you. All debt will be eliminated with Chapter 7. Your former ties with creditors will cease to exist. 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.
Be sure your home is well protected. Bankruptcy filings do not necessarily mean that you have to lose your house. If your home value has gone down, or if there’s a second mortgage, you might be able to keep it. You could also check out the homestead exemption. This lets you continue living in your house, depending on whether you meet certain financial requirements.
Chapter 13
Make sure that you understand the difference between Chapter 13 bankruptcy and Chapter 7 bankruptcy. Chapter 7, for example, will wipe away every one of your outstanding debts. With very few exceptions, the connections between you and your creditors will be severed. If you file for Chapter 13 bankruptcy, however, you will enter into a 60 month repayment plan before your debts are completely dissolved. You must know about the different bankruptcy types, and how each can affect you.
Consider Chapter 13 bankruptcy. If you owe an amount under $250,000 and have a consistent income source, Chapter 13 may be right for 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. Stay mindful that should you for any reason miss even one plan payment, your whole case is going to get thrown out by the court system.
Do not let bankruptcy consume you, make sure you make time for your friends and family. Going through a bankruptcy can be an excruciating experience. It is extremely stressful and long, and it can leave you feeling ashamed of yourself. Avoidance of friends of family during the process is not uncommon. But, isolating yourself from others could bring out more depression. This is the reason that you need to take the time out to spend time with everyone you love despite what your financial situation is.
Chose the proper moment to make your move. Timing can be critical when it comes to personal bankruptcy cases. Sometimes you should file immediately; however, there are times when it is better to delay until the worst has passed. Have a chat with a bankruptcy specialist to discover when the ultimate time would be for you to file.
You should weigh every option before thinking about bankruptcy. A lawyer that specializes in bankruptcy law can help advise you of other options, such as repayment plans and reducing interest rates to relieve some of the burden. If a foreclosure is your reason for filing look into your options with your bank first, such as a loan modification. The lender wants their money, so they may be willing to forgive some fees, change the loan term or reduce interest as ways of assisting you. Most creditors will be willing to work out an option to avoid not getting paid at all.
Going through bankruptcy is tough and can be mentally and emotionally draining. Engage a competent lawyer in order to avoid excess stress and keep everything on track. When choosing an attorney, cost isn’t the only thing to look at. Quality is far more important than expense when it comes to a good bankruptcy attorney. Rely on word-of-mouth referrals from others who have filed for bankruptcy, check the BBB, and take advantage of free consultation offers. If you wish, you can attend a bankruptcy hearing and witness your attorney in action.
Bankruptcy is both a good and a bad thing; it depends on perspective. Regardless of your reason for filing, be aware information is the closest friend you have during the entire thing. The information you just read will greatly simplify the bankruptcy filing process. As long as you implement these tips how you read them, you should be able to make much more sense of the process.