It can be hard, but at times necessary, to file for bankruptcy. It will be easier to go through the process if you have a good idea of what is involved. Read on for knowledge and wisdom passed on from those who have gone through bankruptcy themselves.
Knowledge is power when you’re considering bankrupcy; there are many websites available to help you. You can learn a lot on the U.S. Department of Justice, the American Bankruptcy Institute and the National Association of Consumer Bankruptcy Attorneys, all provide valuable information. The more you know, the more you’ll knwo that you’ve made a wise decision and the you’re making sure your bankruptcy goes as smooth as possible.
Don’t pay tax requirements with your credit cards with the thought of starting the bankruptcy process afterward, without doing your research first. In many areas of the country, this debt will not be dischargeable, and you could be left owing a significant amount to the IRS. If the tax can be discharged, so can the debt. So it does not help you to put the tax bill on your charge card if you know the debt will be discharged anyway.
Credit Cards
Do not attempt to pay your taxes with your credit cards and subsequently file for bankruptcy. In most states, you will still owe money to the IRS and have to take care of the interest of your credit cards. Generally speaking if you can discharge the tax, you can discharge the debt. This makes using a credit care irrelevant, since bankruptcy will discharge it.
If you suspect that bankruptcy filing may be a reality, don’t try to discharge all your debt in advance by emptying your retirement or saving accounts. Leave your retirement accounts untouched unless there is absolutely no other alternative. Using your savings is necessary, but decimating it and leaving yourself dangling with no future financial security is not a good idea.
Don’t avoid telling your lawyer specific details with your case. Just because you have told him something of importance that he will remember it. This is your bankruptcy and your future, so never be nervous about speaking your mind.
Prior to filing for bankruptcy, determine which assets, if any, are exempt from being seized. The federal statutes covering bankruptcy can tell you exactly which assets are exempt from forfeiture to pay off creditors. Make sure to review the list before filing a claim so you know if your valuables will be subject to seizure. Without reading the list, you may be shocked at which possessions can be taken from you.
Don’t give up. You might even be able to get back secured property that has been repossessed in the 90 days before filing. Any property repossessed within 90 days before filing bankruptcy, may be able to be returned to you. Speak to a lawyer who will be able to help you file the necessary paperwork.
Don’t file for bankruptcy until your represented by an attorney. Personal bankruptcies are detailed and complex processes, and you may miss something that costs you money. An attorney will make sure that everything is being done correctly.
If you are about to file for bankruptcy, then make sure you hire a lawyer. There are a lot of things to do during bankruptcy and that may be hard for you to understand on your own. A personal bankruptcy lawyer will be able to help you and ensure you are doing things the proper way.
Talk to a lot of different bankruptcy lawyers; most of them will give you a free consultation. Ensure that you have a meeting with a real lawyer instead of an assistant, since they can provide the best advice. Considering several different lawyers can help find someone to trust.
Put forth the effort to grasp the distinctions between Chapter 7 and Chapter 13 bankruptcies. Do some research about these options so you can choose the best one. If there is anything that you don’t understand, go over it with your lawyer so that you can make the best decision.
Repayment Plan
Make certain that you comprehend the differences between Chapters 7 and 13. All debt will be eliminated with Chapter 7. All creditor relationships will be severed. But, with Chapter 13, you will be in repayment plan for about 5 years prior to any debts you have being totally dissolved. In order to choose the right bankruptcy option, you need to know the differences between these kinds of personal bankruptcy filings.
Filing for bankruptcy should not be done on a whim. 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. These plans allow you a longer pay off period by extending the term of the loan, reducing the rate of interest or forgiving late fees. When all is said and done the creditors just want their money, and more often than not will work with you on a repayment plan.
Once you have completed the bankruptcy filing, you should take time to do something you enjoy. Many people feel a lot of stress while they work through the bankruptcy process. This kind of stress can take a heavy toll on your personal life, especially if you are not making any efforts to adopt a positive attitude. You must realize that things will get better over time.
Make sure you understand your rights as you file for bankruptcy. Certain unscrupulous creditors will try to convince you that certain debts can’t be discharged in bankruptcy. Most loans can be discharged outside of certain things, like child support or loans you are paying back due to student lending. If a collector uses this tactic about debt that can, in fact, be discharged through bankruptcy, report the collection agency to the attorney general’s office in your state.
Many bankruptcy lawyers offer free consultations, so go to several before choosing one. Just be sure that the person you speak with really is the lawyer, rather than a paralegal, since they cannot legally give advice. Be sure to check out a number of lawyers so that you will find one who is just right for you.
Facing bankruptcy is a negative situation that can bring on stress. One way to help reduce is this stress is to hire a reliable attorney. Be sure that you consider more than the expense when you choose a lawyer. It is not necessary to engage the lawyer who charges the highest fees; all you need is a lawyer of high quality. When deciding on an attorney get referrals, contact your better business bureau or get a free consultation from at least three attorneys. Attending a court hearing will give you experience as to how lawyers handle these cases.
Sometimes declaring personal bankruptcy is simply unavoidable. You should now have some excellent advice from people who have personally struggled with the bankruptcy process. Gleaning insight from others who already walked the same path can minimize complications and help to reduce your own stress at a difficult time.