Bankruptcy can be tough. When you’re constrained financially, your options become limited, in general. Even if your credit score isn’t good, you may still find that there are ways to get a home loan or a car.
Before you file for bankruptcy, carefully consider if it is the right option for you. There are other options available, such as credit counseling for consumers. Be sure to consider all options before filing for personal bankruptcy, as this will take a large toll on your credit score for the next ten years.
Don’t think that loading up your credit card with tax debt and then filing for bankruptcy is an answer either. Generally speaking, taxes are not a dischargeable debt. The delays caused by this sort of tactic could leave you owing the IRS a great deal in interest and penalties. Rule of thumb is if the tax is dischargeable, then the debt will be dischargeable. So, there is no reason to use your credit card if it will be discharged in the bankruptcy.
After filing for bankruptcy, you could have trouble acquiring unsecured credit. If this happens, instead you should turn your attention to secured credit cards. They offer you the chance to demonstrate the seriousness with which you now take your financial obligations. After using a secured card for a certain amount of time, you might be offered an unsecured card once again.
Determine which assets won’t be seized before filing for bankruptcy. There are several assets which are exempt from bankruptcy; therefore, consult the Bankruptcy code. It is vital that you know the things on this list prior to filing for bankruptcy, in order to determine which of your possessions will be taken away. Failure to do this could cause some ugly surprises down the road when you discover that your valuables must be seized.
Before you file, make sure you understand current bankruptcy laws. These laws change regularly and you should stay up-to-date so you can make the best decisions. Your state’s website should have the information that you need.
If you’re unsure, then you need to learn what a Chapter 7 bankruptcy can do for you, as opposed to what Chapter 13 does. Take the time to learn about them extensively, and then figure out which one will be best for your particular situation. If anything you see is unclear or doesn’t make sense, go over it again with your attorney before making the final filing decision.
Chapter 7
Be sure you know how Chapter 7 and Chapter 13 differ. In Chapter 7 most of your outstanding accounts will essentially be erased. Your former ties with creditors will cease to exist. Chapter 13 bankruptcy though will make you work out a payment plan that takes 60 months to work with until the debts go away. It’s crucial that you know the differences between all of the various kinds of bankruptcies so that you may choose the best option for your situation.
Make sure you know how to differentiate between Chapter 13 and Chapter 7. Investigate the benefits and pitfalls of both. Online resources may be able to provide all the information you need. If something doesn’t make sense to you, go over it with your lawyer prior to choosing which one to file.
Consider filing using chapter 13 bankruptcy. If your source of income is regular and your unsecured debt is less than a quarter million, Chapter 13 bankruptcy is something you are able to file for. Filing for this type of debt will ensure that you can hold onto your real estate and personal property, and will let you develop a consolidation plan to pay off your debts. That plan lasts approximately three to five years, and then you are discharged from unsecured debt. Remember, though, that if you fail to make even one payment, the case will be thrown out and you’ll be right back where you started.
Before proceeding with your bankruptcy, it’s a good idea to start spending ample time with the people you care about most. The process for bankruptcy can be hard. Not only is the process long, but it can be stressful, and many people feel ashamed when they do it. Lots of people decide they should hide from everyone else until it is all over. You shouldn’t do this, though, as staying away from the world can amplify any emotional issue you are having, and they could even morph into full-blown clinical depression. It’s imperative that you spend as much time with loved ones as you can, even in the midst of your financial dilemma.
Rest assured, when you file for Chapter 13 bankruptcy, you still have the ability to take out mortgage and car loans. It is a little more difficult, though. You must meet with a trustee to gain approval for a new loan. Create a budget and prove that you will be able to afford it. They may also want to know why you believe you need the loan.
File at exactly the right time to maximize the effect of your bankruptcy. The timing of your filing could be important to its success. There are situations in which it is in your best interest to file immediately, but other times it is advisable to wait. Discuss your particular situation with your bankruptcy attorney to determine the best time to file.
Before you make the decision to file Chapter 7 personal bankruptcy, take time to think about anyone it could affect. Debts that involved a co-signer can be discharged in Chapter 7 bankruptcy. This does not dissolve any co-signers of the debt, and your creditors will continue to try and collect from them.
Be certain you are totally aware of the laws of bankruptcy before you file. Did you know that in some areas, you cannot transfer assets from yourself to another person in the year previous to filing occurring? It is also against the law to max out your credit cards before filing for bankruptcy.
It is important to understand that a bankruptcy more beneficial to your credit than multiple overdue or missed payments on debt. Bankruptcy can be seen on your credit history for 10 years, but you can begin repairing the damage immediately. Bankruptcy can give you the fresh start you need.
You now must realize that filing bankruptcy with not limit your life forever. By demonstrating responsible financial management, (saving money, making payments on time) you can impress creditors and rebuild your credit rating. Build up your savings and see what kind of deal you can get when you apply for a car loan or a mortgage.
Before you even consider filing for bankruptcy, familiarize yourself with the laws surrounding this process. For instance, it’s prohibited for an individual to transfer assets to someone else a year before filing for bankruptcy. Also, it is illegal to load up your credit cards with debt right before filing occurs.