When in a financial low, you make wonder if bankruptcy is the best choice. Fear not, you are in good company. People from all walks of life have declared bankruptcy to solve their financial problems. The piece that follows includes useful ideas for ensuring that the bankruptcy process goes as smoothly as possible.
Do not pay your taxes with credit cards that will be canceled when you file for bankruptcy. In some places the debt can not be discharged, and you may still need to pay the IRS afterward. The rule here is that if you can get the tax discharged then you can get the debt discharged. This means using a credit card is not necessary, when it will just be discharged.
Lots of people have to claim bankruptcy when their bills are larger than their income. If you are in this position, you need to be familiar with the laws in your area. Most states differ in their laws governing bankruptcy. In some areas, your residence may be completely exempt, but in others, it will not be. Know what the laws are in your state before filing.
Credit History
Ask yourself if filing for bankruptcy is truly your best option. Look into credit counseling to see if it could help you work out of your debt without bankruptcy. Since your credit history will forever note the bankruptcy, you want to make sure that you have tried everything else before you take an action such as this, in order to minimize the effect it will have with regard to your credit history.
Be aware that getting unsecured credit is going to be tough once you’ve gone through bankruptcy. If this happens to you, think about applying for a couple of secured credit cards. When you do this, it shows your determination to fix your credit history. Unsecured credit may be offered to you quicker than you think after doing so.
If you are feeling like you are seriously going to have to file for bankruptcy then do not clear out your savings. No matter what you do, do not touch your personal savings unless there is no other option. Though you may need to use a bit of your savings, try hard to maintain some of your reserves so that you have some degree of flexibility going forward.
Be persistent in researching information about filing for bankruptcy and consult a qualified personal bankruptcy attorney. When you file for bankruptcy you may be allowed to recover property like your car, electronics or jewelry that might have been repossessed. If the repossession occurred within 90 days from your filing date, it is possible that some of your property can be returned to you. Discuss your options with a good lawyer who can help you with the filing of your bankruptcy petition.
Before you decide to file bankruptcy, be sure to check for any new laws that may apply to your case. Bankruptcy law has changed substantially in recent years, and therefore you must understand how such changes may affect your situation. Your state’s legislative offices or website will have up-to-date information about these changes.
Chapter 7
When you document your financial records, it is vital that you are 100% truthful in order to have a successful resolution to your bankruptcy process. Do not try to shield some assets or income from your creditors. This can get you in serious trouble and prevent your bankruptcy petition altogether.
Remember to understand the differences between Chapter 7 bankruptcy and Chapter 13 bankruptcy. Every one of your debts will be gone if you decide to go with Chapter 7. All happenings with creditors will disappear. Chapter 13 bankruptcy allows for a five year repayment plan to eliminate all your debts. To make the wisest choice, you will need to understand the consequences of each of these two options.
If you are considering filing for personal bankruptcy, be certain that this is really the right course of action for you. 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. It will affect your access to credit in the future. You have to make certain that you absolutely have no other choice.
Chapter 7
Make sure you know how to differentiate between Chapter 13 and Chapter 7. Spend time researching the advantages and disadvantages of filing for each one of these. Engage your attorney in a conversation about each type, and ask him to answer any questions you may have before deciding which kind is right for you.
Keep in mind that filing for Chapter 7 bankruptcy may affect other people than just you, including family members, and in some cases, business associates. When filing Chapter 7, you are not legally responsible for the debts in your name. This does not dissolve any co-signers of the debt, and your creditors will continue to try and collect from them.
It is important to understand your rights when you file for bankruptcy. Certain unscrupulous creditors will try to convince you that certain debts can’t be discharged in bankruptcy. Only a few debts, including child support and tax liens, are ineligible for bankruptcy. If a collector tells you your debt won’t be discharged in your bankruptcy and you know that it will, report the collector to the attorney general’s office in your state.
Be decisive at the correct moment in time. Proper timing is important, especially when it comes to personal bankruptcy. There are times when you should file as soon as you can, but in some other situations it may be best to wait for the worst to be over. Talk with a bankruptcy attorney to find out the ideal timing for filing based on your particular situation.
Chapter 13 bankruptcy might be a good option, so don’t overlook it. Chapter 13 bankruptcy is a good choice for people whose unsecured debts amount to lower than $250,000 and who receive a regular income. This type of bankruptcy protects your assets from seizure and lets you repay your credits over the course of a few years. The plan is usually for a term of three to five years, and a discharge will be granted at the end of that term. Remember that you must make every payment. Missing even one could cause the court to dismiss your case.
As mentioned previously, countless others have also experienced financial problems that have driven them to bankruptcy. But with the benefit of the information you have here, you have a head start on your journey. Utilize the tips you learned today and ensure that there is no rough spots when filing for bankruptcy.