Bankruptcy is a decision that should be thoroughly thought about. Go over the advice in the following paragraphs to get an idea of what you’re in for, and to learn what you should know before you decide whether or not to file. You need to gain as much knowledge as you can prior to going through this ordeal.
Credit Cards
Do not attempt to pay your taxes with your credit cards and subsequently file for bankruptcy. You will find few states that discharge this kind of debt. You may also wind up owing a lot of money to the IRS. The rule here is that if you can get the tax discharged then you can get the debt discharged. This makes using a credit care irrelevant, since bankruptcy will discharge it.
Do not pay your taxes with credit cards that will be canceled when you file for bankruptcy. In many parts of the country, you cannot get this debt discharged, and in the end you will be left owing the IRS a big sum of money. Bear this in mind; if the tax can be discharged, then the debt can be as well. So, in short, do not use your credit cards to pay off debts right before you file for bankruptcy.
Exhaust every other option before making the decision to file for personal bankruptcy. Debt advisors are one of the many other avenues you can consider. Bankruptcy permanently affects your credit, so avoid filing until you have exhausted all of your other options.
It is essential that you are honest and forthright in the documentation you provide for your bankruptcy filings. You may be tempted to try to hide income and personal assets from discovery, but doing so often leads to major complications, monetary penalties and the possibility that your case will be thrown out of court.
Look for a bankruptcy lawyer that comes from a personal recommendation instead of someone random on the Internet or in the yellow pages. Bankruptcy attracts a lot of fly-by-night firms that take advantage of desperate people, and a word-of-mouth recommendation makes it more likely that your bankruptcy will go smoothly.
Before filling for bankruptcy, determine which assets will be exempted from seizure. The Bankruptcy Code provides a list of all the different kinds of assets that you can exclude. Many belongings may become eligible for repossession or seizure after filing for bankruptcy. If you aren’t aware of this, you could lose some assets that you value.
Be honest when filing for bankruptcy, because hiding liabilities or assets can only cause trouble to you. Regardless of the agency you file with, ensure that you tell them all they should know about your current financial situation, regardless of how good or bad it is. Telling the truth will allow you reach a solution that is feasible, given your current situation.
It is important to understand your rights when filing bankruptcy. You may be able to regain property like electronics, jewelry, or a car if they’ve been repossessed by filing for bankruptcy. If your property has been repossessed less than 90 days prior to your bankruptcy filing, there is a good chance you can get it back. A qualified bankruptcy attorney can walk you through the petition process.
Be persistent in researching information about filing for bankruptcy and consult a qualified personal bankruptcy attorney. You might even be able to get back secured property that has been repossessed in the 90 days before filing. Filing for bankruptcy may allow you to regain ownership of recently repossessed property. Talk to your lawyer to find out how to go about properly filing a petition.
If you are forced to file for bankruptcy, you should avoid being ashamed of yourself. For many people, bankruptcy is a source of guilt and feelings of worthlessness. But, there is nothing positive about feeling this way and it can actually affect your mental state. If you are filing for bankruptcy and you are thinking negatively about the situation, make an effort to stop that now.
Bankruptcy is a difficult and stressful process, and you will need all the help you can get. Engage a competent lawyer in order to avoid excess stress and keep everything on track. Do not hire based on cost. Hire the best attorney you can afford, not the one who charges the most. Rely on word-of-mouth referrals from others who have filed for bankruptcy, check the BBB, and take advantage of free consultation offers. When looking at bankruptcy attorneys, consider sitting in on one of their court hearings to find out how they handle the case.
Financial Information
When you do meet with a lawyer make sure that they answer all of your questions and that they do not charge you for consultation alone. Nearly all attorneys offer free initial consultations, so you should be able to meet with a few before you make a final hiring decision. Do not make any final decisions until every question you have has been answered. You can think about your decision before making a commitment. You can take your time and check out several attorneys before making your final selection.
It is important to be upfront with all your financial information when filing for bankruptcy. Failing to disclose all of your financial information can cause your bankruptcy petition to be dismissed, or, at the very least, delayed. Make sure that you add very small sums, even if you believe that they aren’t important. Financial information should include all income, assets and loans.
Exhaust all other option prior to filing personal bankruptcy. Have you been through credit counseling first? You can get the help you need from a variety of non-profit credit counseling companies. They can work with the creditors to lower payments and interest. You pay them and then they pay the creditors.
Before you file for bankruptcy, be sure you know how to properly repay your debts. The laws regarding bankruptcy most often prevent you from paying back some creditors for up to 90 days before filing, and friends and family for up to one year. Read the rules before making financial decisions.
If you’re going to file bankruptcy, you need an attorney. You might not understand all of the various aspects to filing for bankruptcy. A qualified bankruptcy attorney will guide you through the steps and help you do everything properly.
Carefully pick the lawyer you will use when filing for bankruptcy. Because of the increase in bankruptcy filings, this field attracts a lot of newer, inexperienced attorneys. Be sure your lawyer has years of experience and is licensed properly. The Internet could be a great help in checking the disciplinary record of a particular lawyer, as well as his background and client ratings.
If you pick up a new job shortly before you file for bankruptcy, don’t slow down your filing plans! Filing for bankruptcy might be the smartest thing for you to do. The timing of filing is a huge factor. If the bankruptcy filing gets posted before the job begins, this added income will not be taken into account when determining how you will repay the money.
Reconsider going through a divorce as it could put you into a rough financial situation. There are plenty of stories of people who got divorced, and then filed for bankruptcy right away because they now had less income and a ton of debt from their marriage. Rethinking a plan to get divorced is always a good choice.
Do some research about laws and legislation before filing. Bankruptcy law has changed substantially in recent years, and therefore you must understand how such changes may affect your situation. Check the website of your state’s legislation or get in contact with your local office to learn more about these important changes.
It may be uncomfortable to address your debts, but honesty is imperative. It’s a big mistake to lie about your financial situation or your assets. It is very illegal. You could even spend time in prison for lying about this information.
Filing for personal bankruptcy is a decision you need to make after doing some research. Filing for bankruptcy is a very involved and precise process. When you implement the suggestions in this article, you can feel confident that you have covered all the bases with regard to bankruptcy filing.