Even people who have had assets, such as a car, seized for back tax debt can file for bankruptcy. Bankruptcy can play havoc with your credit, but is often unavoidable. Read this article to learn more about filing bankruptcy and the consequences from doing so.
If you are in a position where you are unable to pay your debts, bankruptcy may be the only option for you. If this sounds like you, start familiarizing yourself with your state laws. Every state is different when it comes to dealing with bankruptcy. In some states, your home is protected, while in others it is not. Be sure to have some familiarity with the law in your jurisdiction.
Do not try to get clever by paying your taxes via credit card before you declare bankruptcy in an effort to dodge your tax burden. In most states, this debt won’t be discharged, and you could end up owing the IRS a whole lot more. Remember that if you can discharge the tax you can discharge the debt. So using your credit card to pay off your tax obligations, then filing for bankruptcy, can actually hurt you instead of help you.
One critical element for anyone filing a petition for bankruptcy is to be honest in everything you do. Do not hide any income or assets or go on a spending spree before filing for bankruptcy: the court will find out and will not have a positive opinion of you.
Don’t be reluctant to remind your lawyer about specific details he may not remember. Don’t just assume that the attorney will remember it automatically. This is your bankruptcy and your future, so never be nervous about speaking your mind.
Although you can find many bankruptcy attorneys listed in your local Yellow Pages or online, it’s best if you can find one through the personal recommendation of a friend, family member or acquaintance. Some companies just want to take advantage of you, so it is important that you have help from someone you trust.
Hire a lawyer if you plan on filing for bankruptcy. It is difficult to make all of the necessary decisions yourself, and expert guidance will be helpful. A specialized bankruptcy lawyer can ensure that you are handling your bankruptcy filing the right way.
Prior to putting in the bankruptcy paperwork, determine what assets are protected from seizure. Certain assets, as listed in the local bankruptcy regulations, are immune from seizure during bankruptcy. You can determine exactly which of your possessions are at risk by consulting this list before you file. Without reading the list, you may be shocked at which possessions can be taken from you.
Chapter 7
Know the differences between Chapter 7 and Chapter 13 bankruptcy. Chapter 7 is the best option to erase your debts for good. Your ties with all creditors will get dissolved. Bankruptcy under the rules of Chapter 13, on the other hand, require you to work out a payment arrangement to pay back the agreed upon amounts. It’s important to know what differences come with every type of bankruptcy. This will let you find out what’s best for you.
Become knowledgeable in regards to details about chapter seven bankruptcy vs. chapter 13 bankruptcy. Take the time to find out about each one online, and look at the advantages and disadvantages of each. If you have trouble understanding the wealth of information, talk to your lawyer so he or she can help you make an informed choice.
Make sure your home is safe. You do not have to lose your home in the process of a bankruptcy. You might be able to keep your home, for instance, if you have two mortgages or if your home has lost its value. You may also want to check out the homestead exemption because it may allow you to keep your home.
If you can afford to pay your bills, bankruptcy is not a wise option. Bankruptcy might seem like a good way to get out of paying your bills, but it will devastate your credit for the next ten years.
Get the word “shame” out of your head when filing for bankruptcy. Many people get feeling of guilt when going through bankruptcy. These sorts of feelings are not helpful to you. Indeed, they may cause you mental anguish. Staying positive and upbeat is the proper way to deal with bankruptcy.
Find ways to relax while you go through the process of filing for bankruptcy. Lots of debtors are stressed out when they’ve come to filing time. The stress of dealing with bankruptcy could cause you to fall into a depression, unless you take steps to take care of yourself. Life will get better after you finally get this situation over with.
Credit Cards
Lots of individuals who previously filed bankruptcy vow to shun the use of credit cards or lines of credit in the future. However, building a good credit history requires that you occasionally use credit. Without using credit cards or other forms of credit, it is nearly impossible to rebuild your credit worthiness. You just have to realize that proper planning is going to have to take place and that you are going to have to start back up one step at a time.
You should immediately vow to be more financially responsible before you actually file for bankruptcy. It is especially important to refrain from taking on any new debt before filing. Bankruptcy judges and creditors may examine current and past behavior as they work to resolve your case. Let them see how you are making positive changes to your personal financial management by demonstrating what you are doing right now.
Whenever you file a petition for bankruptcy, do not leave out any information about your finances or assets. Omissions or errors may cause your case to take more time to resolve, or even be rejected entirely. You might think something is insignificant, but you should add it anyway. Some things to be included are: current loans, valuable vehicles and side jobs.
As said in the beginning of the article, personal bankruptcy is always an option. That said, you should think twice before filing, since it leaves a huge black mark on your credit. By constantly improving your knowledge, you can easily know how to save stress and prevent yourself from losing everything.