When debt begins to pile up, even the most responsible among us can panic and quickly lose control of the situation. Sometimes, it just snowballs from having a little bit of a financial issue to losing complete control in a short amount of time. When you find yourself in that position, it is not so simple to repair. This article will help you decide if bankruptcy is the way to resolve your debt problems, and if it is, give you some tips for navigating the process.
Do not use a credit card to manage your tax issues and then try to file bankruptcy. Generally, this type of debt is not covered by bankruptcy filing, and you will still have a large debt owing to the IRS. Remember that if you can discharge the tax you can discharge the debt. Therefore, you should not pull your credit card out for purchases if it is just going to be discharged during the bankruptcy.
Lots of people have to claim bankruptcy when their bills are larger than their income. If this is the case for you, you should begin to investigate the legislation in your state. Different states have different laws regarding bankruptcy. In certain states if you file for bankruptcy your home remains protected, but the laws vary depending on where you reside. Become acquainted with local bankruptcy laws before filing.
Before you file for bankruptcy, carefully consider if it is the right option for you. You have better options. For example, you could try credit counseling. 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.
Unsecured Credit
You might experience trouble with getting unsecured credit after filing for bankruptcy. In this event, you should attempt to apply for a secured card or two. This at least shows you are making an honest attempt at reestablishing your credit worthiness. In time, you might be granted unsecured credit again.
Before making the decision to file for bankruptcy, be sure you have considered alternative options. You could find relief from small debts by using a consumer credit counselor. You should also try negotiating a payment plan with your creditors; make sure you get a written agreement of the new payment plans.
Be as honest as you possibly can when filing for bankruptcy; hiding liabilities or assets will only hurt you in the long run. The lawyer representing you when you file needs to have full knowledge of your financial situation. Lay everything out on the table so that you and your lawyer can devise a plan to get you out of this mess.
You should not have to pay for an initial legal consultation, and such meetings are great opportunities to ask lots of questions. When you arrive at a consultation ask plenty of questions. You should also seek free consultations from several attorneys prior to choosing one. Therefore consult with different lawyers and get a feel for them, then decide which one suits your needs It is not necessary to make a final decision right away. This will give you extra time to interview several attorneys.
Make sure that you understand the difference between Chapter 13 bankruptcy and Chapter 7 bankruptcy. Should you choose Chapter 7, your total debt load will be erased. Any debts that you owe to creditors will be wiped clean. If you file for Chapter 13 bankruptcy, however, you will enter into a 60 month repayment plan before your debts are completely dissolved. 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.
It is possible to keep your home. Filing for bankruptcy does not always mean you will end up losing your home. It may be possible to keep your home if the value has depreciated, or there is a second mortgage. If you meet certain criteria, you may be able to retain ownership of your home even after filing for bankruptcy.
Many bankruptcy attorneys offer the first consultation with no charge, so consult with several before deciding on one. Never settle for speaking with a paralegal or an assistant. They are not trained, nor allowed, to pass on legal advice. Seeking out different attorneys is all part of the process until you find someone that you can trust.
Protect your house. Filing for bankruptcy doesn’t automatically involve losing your home. Whether you get to keep your home depends on a few things, including its value and whether you have debts like a second mortgage or HELOC. It can be worthwhile to understand the homestead exemption law to see if you qualify to keep living in your home under the financial threshold requirements.
Interest Rates
Make sure you consider implications of bankruptcy before filing for Chapter 7. Once you have filed Chapter 7, you, by law, are not responsible for any of your debts that also include your co-debtor. However, anyone sharing the loan with you may be forced to pay back the entire amount for the amount in full, which spell financial disaster for them.
Consider all options before filing for bankruptcy. Speak with an attorney who specializes in bankruptcy to find out if alternatives, such as a debt repayment plan or a reduction of your interest rates, might be better for you. If a foreclosure is on your horizon, look into loan modification plans. This type of plan allows your lender to work with you eliminating charges, extending your loan, and lowering interest rates to help you pay back the loan without drowning in debt. Creditors want their money. Often, they are willing to work out repayment plans with you in order to get it.
Remember that filing for Chapter 7 personal bankruptcy will not just affect you. Think about the effect it will have on business associates, friends and family or anyone else who may be a co-signer with you. When filing Chapter 7, you are not legally responsible for the debts in your name. Sadly, this will not be the case for your co debtor. Your creditors may simply turn their attention to your hapless acquaintance.
Sometimes, life can throw you a curve ball that you were not expecting. This article just gave you a few good pointers on what you can do in order to gain control of your finances when facing bankruptcy. Use what you’ve learned here to give yourself a second chance.
Make sure the time is right when you file a bankruptcy claim. When filing for personal bankruptcy, it is very important that you act at the correct time. Sometimes, you may need to file quickly; however, at other times, you should wait until the worst is over. The professional advice of a bankruptcy lawyer can help you pin down the best time to file given your current financial state.