Although it is sometimes needed, deciding to file for bankruptcy is hard. Arming yourself with valuable insights helps when filing a claim. The information in this article contains information and advice from people who have actually gone through the process.
Many people find that they must file for bankruptcy protection because they have more debt than they can afford to repay. If you have unmanageable debt, you need to familiarize yourself with regional bankruptcy laws. Different states use different laws when it comes to bankruptcy. Some states may protect you home, and some may not. Be aware of bankruptcy laws before filing your claim.
Millions of Americans file for bankruptcy each year because they can not pay their bills. If you’re in this position, it is a good thing to familiarize yourself with the laws that apply in your area. Laws differ from one state to the other. For instance, in some states you can keep your home and car, while other states prohibit this. See to it that you understand the bankruptcy laws in the area that you live prior to filing.
Try to find a bankruptcy attorney who is personally recommended, rather than off the Internet, or out of the yellow pages. Some companies just want to take advantage of you, so it is important that you have help from someone you trust.
You must be entirely candid when it comes to declaring assets and obligations in your bankruptcy petition. 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. Divulge all of your information so that you and your lawyer can devise the best strategy for dealing with your situation.
Find a specialized lawyer if you are thinking about filing for bankruptcy. Having a lawyer on your side is the best way to avoid mistakes and bad decisions. Choose an attorney versed in personal bankruptcy to make sure you don’t make mistakes.
Do not use a credit card to pay income taxes and then file for bankruptcy. In most states, this debt won’t be discharged, and you could end up owing the IRS a whole lot more. Bear this in mind; if the tax can be discharged, then the debt can be as well. It is pointless to use credit cards if they can be discharged.
Learn of new laws prior to deciding to file for bankruptcy. This area of law is in constant flux and it is imperative that you know where the law stands at the time you file for your bankruptcy. Your state’s legislative offices or website will have up-to-date information about these changes.
Safeguard your most valuable asset–your home. Losing your home is thought of as common in bankruptcy cases, but it is by no means inevitable. If your home has significantly depreciated in value or you’ve taken a second mortgage, it may be possible to retain possession of your home. Otherwise, look into the homestead exemption which may allow you to stay in your home if you meet financial threshold requirements.
Chapter 13
Be completely honest whenever you file for personal bankruptcy. Hiding any asset or liability is a risk that will bite you in the end. Your bankruptcy lawyer has to know every detail of your finances, whether bad or good. Don’t withhold information, and create a smart way of coping with the reality of the situation.
If you are going to be filing for bankruptcy, think about filing Chapter 13. If you owe an amount under $250,000 and have a consistent income source, Chapter 13 may be right for you. Not only can you repay your debts through consolidation, personal property can be kept, as well as real estate. That plan lasts approximately three to five years, and then you are discharged from unsecured debt. 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 in the midst of a Chapter 13 bankruptcy, it is possible to apply for certain loans. It is just tougher. You will have to get this loan approved by your trustee. When you meet with your trustee or financial adviser, make sure that you come up with a sound budget proposal. It will also be necessary to show why a new purchase needs to be made.
Filing for bankruptcy can cause stress. The best way to lessen this stress is to employ a lawyer, who can handle most of it for you. Don’t think that the highest priced attorney is the best. When it comes to choosing the right attorney, consider quality before cost. You can get good information about attorneys from friends,the internet and free consultations that most attorneys provide. Try to get a referral from a trusted friend or family member.
Don’t pay to for an initial consultation with a bankruptcy attorney, and thoroughly question each candidate. Most attorneys offer a free consultation which you should take advantage of. Meet with a few before finalizing your plans. Make your decision after all of your questions have been answered. It is not necessary to decide immediately after your consultation. This offers you the opportunity to speak with other attorneys.
Do some research about bankruptcy laws before filing for bankruptcy. For instance, you need to know not to shift assets into someone else’s name in the year leading up to your filing. It’s also prohibted to run up debt on credit cards just prior to filing.
If you plan to pay debts off before you file for bankruptcy, be careful. Find out from a bankruptcy attorney what a court needs to see as a cut off date for the last time you pay anyone you owe money to. Before making important decisions in regards to your finances, be sure you understand the laws.
Credit Cards
Hire a lawyer if you plan on filing for bankruptcy. Filing for bankruptcy is a complicated procedure, and you may not be aware of all the ins and outs. Your lawyer will make sure that the filings are correct and help you navigate the complex process of filing for bankruptcy.
It is not uncommon for people to declare that they will never again use credit cards after they declare bankruptcy. This is not wise, since credit cards can help to rebuild credit. Good credit is needed to make major purchases, such as those for homes and automobiles. However, if you don’t use credit, you will be unable to establish a good credit history, which is necessary in order to make those purchases. Begin to go down the right path by obtaining a single card.
Include any and all debts you need eliminated in your paperwork. Anything not specifically listed on the filing will be excluded in the final bankruptcy. It is up to you to ensure your debts are written down so you don’t need to pay bills that might have been discharged.
Rethink Getting
Be aware of recent changes, if any, in the bankruptcy code. These kinds of laws are constantly changing and it is important that you are aware of these changes, so that you can learn how to properly file for bankruptcy. If you are not sure about the current laws all you have to do is look into what laws have been passed.
If you’re in financial trouble, you may want to rethink getting a divorce. Many people divorce, and then need to file bankruptcy because they could not see what troubles laid waiting for them. Rethink getting divorced, if possible.
Resist the temptation to be dishonest when filing for bankruptcy. It would be a very big mistake to be dishonest in regard to your assets and debts. Also, it is against the law. If you lie when it comes to your assets and debts, you might end up going to prison.
Nobody wants to file bankruptcy, but some people cannot avoid it. After reading this article, you should have learned some important information about the bankruptcy process. You can take comfort in the fact that others have been in this situation before you, so take heed from their experiences to help you deal with your own.
Prior to declaring bankruptcy you really need to be sure that you’ve exhausted all your other options first. One example would be that a consumer credit program for counseling if you have small debts. You might also be able to negotiate lower payments yourself, but make sure that you get written records of any debt modifications to which you agree.