Deciding to file for personal bankruptcy is a major life decision, and should not be jumped into lightly. Read the suggestions below to learn what you should expect, and the steps you will need to take as you think through this decision. Educate yourself as much as possible prior to taking action.
Once the bankruptcy is complete, you may find it difficult to receive unsecured credit. If this happens to you, think about applying for a couple of secured credit cards. That will show lenders that you are committed to rebuilding your credit. Once you’ve built up a history of on-time payments, you may start getting unsecured credit again.
Ask yourself if filing for bankruptcy is truly your best option. There are plenty of other options open to you, like consumer credit counseling. Bankruptcy will be on your credit report and affect your credit score for many years to come, so it is a decision that should not be taken lightly. Try to use it as a last resort.
There are two types of personal bankruptcy: Chapter 7 and Chapter 13. Make sure you know what each entails so you can make the right choice. If you file for Chapter 7 bankruptcy, all of your debts will be eliminated. Your ties with all creditors will get dissolved. A Chapter 13 filing involves a repayment plan, though. Typically, you will make a partial payment against your debts over the next 60 months before the balance of the debts is lifted. Take the time to learn more about these different options so you can make the best decision possible.
Since the majority of attorneys are willing to provide no-cost initial consultations, it is smart to meet with more than one before you make a selection. Always ensure that the person you meet with is a real lawyer, not a legal assistant or paralegal. These people can’t give legal advice. Be sure to check out a number of lawyers so that you will find one who is just right for you.
Learn what you can about Chapter 13 bankruptcies. If you currently have some income and don’t have more than $250k in debt, you can declare bankruptcy. By filing this way, you can hold onto your home and property, while repaying debts through debt consolidation. 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 truly faced with bankruptcy, avoid blowing your savings or retirement money, trying to pay off debts. Retirement accounts should never be accessed unless all other options have been exhausted. You may need to use some of your savings; however, you should not use all of your savings. Remember that you must safeguard your future financial security.
Don’t file for bankruptcy without knowing your rights. Do not rely on your debtors information about whether or not certain loans can be included in your bankruptcy. However, there are few debts that cannot be eliminated, like student loans and child support payments. If you are speaking to debt collectors about another type of debt and they tell you it cannot be discharged, check your local regulations. You can report the collectors to your state attorney general if they are lying about this.
Bankruptcy is a hard thing to experience and it could create both emotional and mental stress. If you want to protect yourself from stress, see to it that you hire a good attorney. When choosing an attorney, cost isn’t the only thing to look at. When it comes to choosing the right attorney, consider quality before cost. When deciding on an attorney get referrals, contact your better business bureau or get a free consultation from at least three attorneys. Try attending a hearing to find out how bankruptcy attorneys handle the situation.
Lots of individuals who filed bankruptcy vow to never again use credit cards or lines of credit ever again. This isn’t necessarily a good strategy to follow since establishing good credit goes hand-in-hand with getting, and handling, credit in a responsible manner. You will not be able to get your credit back to a respectable score if you don’t use credit. One credit card is adequate to begin rebuilding your credit rating.
Find a bankruptcy attorney who offers free consultations, and ask lots of questions. Most lawyers will meet with you for free and give you helpful advice, so meet with several. Make a choice only if you have received good answers to all the questions and concerns you brought to the table. Take your time before you decide to file after you meet with your lawyer. If you’re unsure, don’t hesitate to talk to multiple bankruptcy lawyers.
Remember that just because you have filed for personal bankruptcy it will not cause you to lose everything you own. When you file for bankruptcy, you are allowed to keep personal property. This includes items, such as jewelry, clothes, household furnishings, electronics, etc. Exactly what assets you can hang onto will depend on the applicable laws in your state, your filing status, and your personal finances.
You will want to retain a bankruptcy lawyer if you decide to file for personal bankruptcy. In addition to providing you with advice, they can appear in court for you and make the whole process easier. Your lawyer will take care of the paperwork and help you understand what this process means for you.
Some attorneys offer a phone service for free where creditors will be referred to when they wish to contact you regarding an account that’s delinquent. You will be given a phone number where they can call to get information regarding your bankruptcy. This should put an end to their calls.
The two main kinds of bankruptcy are Chapter 7 and Chapter 13. Make sure you understand them so you know what is best for you. Chapter 7, for example, will wipe away every one of your outstanding debts. The ties with the creditor will be broken. If you file for Chapter 13 bankruptcy, however, you will enter into a 60 month repayment plan before your debts are completely dissolved. It’s crucial that you know the differences between all of the various kinds of bankruptcies so that you may choose the best option for your situation.
You should know by now that bankruptcy does not just pop up out of nowhere. There are a number of things to do, each of which deserves careful attention. By using the above suggestions, you will be sure that all your Ts are crossed and all your Is are dotted when it comes to filing for bankruptcy.