Nowadays, many people have racked up huge amounts of debt. They are hounded by creditors and collection agencies, and their bills show no sign of slowing down. If this sounds a lot like your personal situation, you may have started thinking about filing for bankruptcy. The information in this article will help you to decide if this is an option for you.
When choosing a bankruptcy lawyer, your best option is to find someone who is recommended by someone you know versus someone who you find online or in the phone book. There are various companies that prey on the financially desperate, so you need to find someone you can trust to ensure the process goes smoothly,
Do not even think about paying your taxes with credit and petitioning for bankruptcy right after. 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. A common rule is that dischargeable tax means dischargeable debt. If you live in an area where tax can be discharged through bankruptcy, financing your tax bill is pretty pointless.
If you are planning to file for bankruptcy, be sure to learn what types of assets you will be able to keep and which can be seized. The Bankruptcy Code lists the kinds of assets which are exempted when it comes to the bankruptcy process. You need to read the exemptions for your state, so you know what property you can protect. If you don’t heed that advice, you might find yourself getting surprised when your favorite things are repossessed.
See if there is an alternative you can use before declaring bankruptcy. One example would be that a consumer credit program for counseling if you have small debts. Negotiating with creditors is another option, but creditors are notorious for “forgetting” these agreements, so get them in writing!
Make certain that you comprehend the differences between Chapters 7 and 13. Under Chapter 7 type bankruptcy, all debts are forgiven. All the things that tie you to creditors will go away. 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.
Don’t feel bad if you need to remind your attorney about any specifics of your case. Do not assume that if you’ve already told him or her something important once, that they will remember it later without a reminder. Don’t fear speaking up since it affects your case and future.
Take advantage of free consultations with lawyers and the ability to sift through and find the right one. Ensure that your meeting is actually with the attorney, not with a paralegal or an assistant. People in these positions are unable to offer legal advice. Take some time to talk to different lawyers to find one that fits your needs, and meshes well with you.
Be sure you have no other choice but to seek bankruptcy. Perhaps consolidating your existing debt can make it easier to manage. The whole process of filing for bankruptcy can be a long, and hard one. The future of your credit will be greatly affected. Therefore, you must make sure that there is no other option that you could take before you file for bankruptcy.
Chapter 13
Instead of getting your lawyer from the yellow pages or on the Internet, try your hardest to find one with a personal recommendation. There are various companies that prey on the financially desperate, so you need to find someone you can trust to ensure the process goes smoothly,
Consider Chapter 13 bankruptcy. You are probably eligible for Chapter 13 if your income is consistent and your unsecured debt is under $250,000. That kind of bankruptcy allows you to hold on to your personal things and real estate while repaying your debts with a plan to consolidate your debt. Generally, this stays in effect for up to 5 years. Afterwards, your unsecured debts clear from your accounts. 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.
If you are making more money than you owe, bankruptcy should not even be an option. Although bankruptcy may feel like a simple method of getting out of your large debt, it leaves a permanent mark on your credit history for up to 10 years.
Before you file for personal bankruptcy, weigh all of your options. You might be able to address your debts by arranging a repayment plan or a reduction in your interest rates. Get professional advice on these matters from a bankruptcy lawyer. Loan modification plans can help if you are dealing with foreclosure. Your particular loan holders can provide a lot of assistance if you’re just willing to speak with them. You can negotiate lower rates, longer terms, and other means of repayment that may keep you from having to file a claim. Ultimately, creditors want their money, and many times repayment plans are preferable to a debtor that is bankrupt.
Be sure to weigh all of your options before deciding to file for personal bankruptcy. If your debt is relatively low, you may be able to manage it with credit counseling. You may also find success in negotiating lower payment arrangements yourself, but be certain to get any arrangements with creditors in writing.
You have undoubtedly gleaned from the text above that bankruptcy doesn’t have to be a difficult process as long as you’re informed. You can get freedom from economic stress and get back on an even playing field financially, if you take a steady and focused approach to the matter.