Many people are in debt these days. Filing chapter 7 or 11 can be the last option for many people. If this sounds like your situation then perhaps filing for bankruptcy may be in the cards for you. Continue reading this article to find out if bankruptcy is something you need to consider.
The most important tip a person filing for personal bankruptcy can remember and follow is to be completely transparent in all dealings. Not hiding any assets or income is essential for avoiding possible penalties and your ability to re-file at some point in the future.
Be certain you understand all you can about bankruptcy by researching reputable sites that offer good information. The United States DOJ, the NACBA, and the ABI all have useful information. You will find that the process of filing for personal bankruptcy is easier and less of a hassle with the more information on the subject you gather ahead of time.
Don’t feel bad if you need to remind your attorney about any specifics of your case. Don’t just assume they already know and that they have these important details committed to memory or written down. Speak up. This is your life, and your future depends on it.
If a personal recommendation comes your way, this should be a lawyer you focus on. Companies are constantly popping up, claiming to help, yet only seek to profit from your misery. In ensuring that your bankruptcy is as simple as possible, trusting your attorney makes a big difference.
Prior to filing for bankruptcy, research which assets will remain exempt from creditors. The Bankruptcy Code has lists of various asset types that are exempt during the process. You can determine exactly which of your possessions are at risk by consulting this list before you file. If you fail to go over this list, you may be unpleasantly surprised sometime down the road if any of your most valued items are seized.
It can be difficult to obtain unsecured credit once you have filed for bankruptcy. Look into getting a secured credit card in order to get back on your feet with building credit. This will show other people that you’re serious when it comes to having your credit record in order. In time, you might be granted unsecured credit again.
Learn all the latest laws before you file bankruptcy. Bankruptcy laws change a lot and before making the decision to file, you need to know what you are getting yourself into. To learn about any changes, search the Internet or contact your state’s legislative office.
Chapter 13
You may have heard bankruptcy referred to differently, either as Chapter 7 or Chapter 13. Learn the differences between the two before filing. If you file using Chapter 7 bankruptcy, you will get all your debts eliminated. All creditor relationships will be severed. If you file using chapter 13 bankruptcy, you will go through a sixty month repayment plan prior to all your debts being completely dissolved. To make the wisest choice, you will need to understand the consequences of each of these two options.
Find out if you can use Chapter 13 bankruptcy, as it may help you better than the other laws. With a consistent income source and less than $250k in debt, try filing for Chapter 13. This will allow you to keep your personal property and real estate and repay your debts via a debt consolidation plan. Such plans generally take between 3 and 5 years to complete, at which point. a discharge will be granted. Keep in mind that missed payments will trigger dismissal of your case.
Make sure bankruptcy is truely your only option before filing. Instead of rushing into bankruptcy, a good idea is too speak with an attorney who may be able to get your interest rates reduced or help get you on a debt repayment program. If you are facing foreclosure, consider a loan modification plan. The lender can help your financial situation by getting interest rates lowered, dropping late charges, and in some cases will allow you to pay the loan over a longer period of time. At the end of the day, creditors want to get paid, and sometimes a debt repayment plan is preferable to dealing with a bankrupt debtor.
Know the rights that you have as you file for bankruptcy. Bill collectors will lie to you and say you can’t have their bill discharged. Most loans can be discharged outside of certain things, like child support or loans you are paying back due to student lending. If you are told differently by a collector, research the information yourself. If you find they are in error, get the name of their company, phone number and any identifying info so you can report it to the attorney general in your area.
As you can now see, there is much information available that can help you through your bankruptcy. Always remember that people who become informed before going through the motions do much better with everything involved. Take your time to read and to understand these tips before implementing them and using them to your advantage.
Don’t wait until the last minute to file bankruptcy. Some people will just ignore their outstanding debts, hoping that someone or something will come and save them, but this never ends well. Yet you can have debtors come after you and potentially take your home if you are not handling your debts properly. When you make the connection that your debt level is too high, contact an attorney that specializes in bankruptcy as soon as possible, to see what can be done.