While filing for bankruptcy may be a hard decision to make, for some it is a necessity. The best way to deal with the process is to become educated on the subject. Keep reading to learn some valuable tips from someone who has stood in your shoes.
Credit Cards
Do some research online about personal bankruptcy to get a better idea of what this procedure implies. The United States DOJ, the NACBA, and the ABI all have useful information. By being well armed with the correct knowledge, you can be certain of the decision that you have made. Additionally, you will understand the processes necessary to conduct your personal bankruptcy matters in a smooth manner.
You should avoid paying your taxes with credit cards and then immediately file for bankruptcy. In some places the debt can not be discharged, and you may still need to pay the IRS afterward. The main thing to remember is that dischargeable taxes are the equivalent of dischargeable debts. It is pointless to use credit cards if they can be discharged.
Before you file for bankruptcy, carefully consider if it is the right option for you. Other available options include consumer credit counseling. Bankruptcy stays on your credit for a whole decade, so if there are less drastic options that will solve your credit problems, it is in your best interest to make use of them.
If filing bankruptcy is in your future, don’t waste any savings you may have attempting to pay off your debts. Unless there are no other options, your retirement funds should never be touched. 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 it appears likely that you will file a petition, do not start spending your last remaining funds on debt repayment. You shouldn’t dip into your IRA or 401(k) unless there is nothing else you can do. Although you may need to tap into your savings, you should not use up all of it right now and jeopardize the financial security of your future.
Personal Bankruptcy
Don’t file for bankruptcy until your represented by an attorney. Personal bankruptcy is quite complex, and it is entirely possible that you will not be able to familiarize yourself with all the laws and processes. Personal bankruptcy attorneys can help make sure everything is done properly.
Before you file, make sure you understand current bankruptcy laws. Bankruptcy laws change a lot and before making the decision to file, you need to know what you are getting yourself into. To learn about the changes, you should check out the website of your state’s legislation or you can call their office.
Determine which of assets are safe from seizure and which are not before filing for personal bankruptcy. The Bankruptcy Code provides a listing of the various asset types that are not included in the bankruptcy process. Make sure to review the list before filing a claim so you know if your valuables will be subject to seizure. It is important to know what types of possessions may be taken away before they actually are seized.
Find out if you can use Chapter 13 bankruptcy, as it may help you better than the other laws. You are eligible for filing bankruptcy under Chapter 13 if you work and owe less than $250,000. Filing a Chapter 13 will let you keep personal items and real estate while you pay down your debt in a consolidation plan. This lasts for three to five years and after this, your unsecured debt will be discharged. However, if you miss even one payment, the court will dismiss your entire case.
Always make your loved ones a priority. Filing for bankruptcy is a difficult process. It can take a long time, take a great emotional toll and cause people to feel embarrassed and defeated. A lot of people become depressed and withdrawn until their bankruptcy is discharged. However, this isolation will just make you feel worse, and it could cause you to be depressed. Time spent with people who care about you can give you new perspective on your financial situation.
Chapter 7
Safeguard your most valuable asset–your home. Bankruptcy filings don’t necessarily have to end in the loss of your home. Check your home’s current value to see if it has gained equity and get your first and second mortgage papers together. Additionally, some states have homestead exemptions that might let you keep your home, provided you meet certain requirements.
Think about any co-debtors you have prior to filing for Chapter 7 bankruptcy. You may have your responsibility for your portion of the loan discharged under Chapter 7. Creditors, however, will hold the co-signer liable for the entire balance of the debt.
File when the time is right. Timing can be critical when it comes to personal bankruptcy cases. While there are times that it is ideal to file soon, there are other times in which you should wait. Have a chat with a bankruptcy specialist to discover when the ultimate time would be for you to file.
Bankruptcy is a difficult and stressful process, and you will need all the help you can get. Make sure that you hire an experience lawyer to get your bankruptcy done properly. Get recommendations and look into other qualifications rather just choosing based on cost alone. The cheapest attorney may not be the best, but the most expensive may not be the best either. Talk to friends who have been through a similar situation and ask them for referrals. Consider attending a court hearing so you can witness how the lawyer operates.
Filing for Chapter 13 bankruptcy will not prevent auto loans or mortgages from being obtained. However, there are steps which must be taken to ensure you are within the law of bankruptcy. First, your trustee will have to approve the loan. Create a budget and prove you can afford a new loan payment. Also, be sure you can provide an explanation as to why this purchase is necessary.
Don’t just assume bankruptcy is the right option, especially if you have not considered others. One of these choices is consumer credit counseling. There are even non-profit companies that may be able to help you. They can speak with your creditor about getting your payments and interest reduced. You make payments to them and they pay your creditors.
Nobody really wants to file for bankruptcy but it sometimes is just something they have to do. You should now have some excellent advice from people who have personally struggled with the bankruptcy process. Learning from others who’ve had this experience will help you learn from it as well.