It is easy for people to dismiss bankruptcy as an option for failures, until they are confronted with the need themselves. A financial catastrophe, like a major medical emergency, can cause someone to face bankruptcy. If that is your situation, you can find help by using the advice in this article.
When people owe more than what can pay, they have the option of filing for bankruptcy. If this describes your situation, it makes sense to become familiar with relevant laws. Bankruptcy laws vary from state to state. In some areas, your residence may be completely exempt, but in others, it will not be. You should be familiar with the laws for your state before filing for bankruptcy.
A lot of people find themselves needing to file bankruptcy when they are unable to pay their bills. If this applies to you, be sure that you know what the laws of your state are. Most states differ in their laws governing bankruptcy. For instance, some states protect you from losing your home in a bankruptcy, but others do not. Be sure you educate yourself on local laws prior to filing.
Make sure you’ve exhausted all other options prior to declaring bankruptcy. Avail yourself of other options, including consumer credit counseling, if they are appropriate for your situation. 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.
Getting unsecured credit post-bankruptcy will likely be difficult. 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. After using a secured card for a certain amount of time, you might be offered an unsecured card once again.
Don’t pay for an attorney consultation and ask him or her anything you want to know. Almost all lawyers will give a free consultation, so meet with more than one before making a decision on whom to hire. Choose an attorney who is experienced, educated and well-versed in bankruptcy laws. You can think about your decision before making a commitment. So, this gives you plenty of time to consult with several attorneys.
Make sure you’ve exhausted all other options prior to declaring bankruptcy. You have better options. For example, you could try credit counseling. Before you take the drastic move of filling for bankruptcy and living with a long lasting bad credit history, make sure to consider using another way that may not be as damaging to your credit.
Chapter 13
If you are going to be filing for bankruptcy, think about filing Chapter 13. If you have less than a quarter of a million dollars in debt that is unsecured and a regular income, you are eligible to file a Chapter 13. Declaring bankruptcy can assist you in consolidating your debt so you can repay it more easily. This plan usually lasts from 3 to 5 years, after which, you will be discharged from all unsecured debt. Bear in mind that if you miss a single payment that is due under your plan, the entire case will be dismissed by the Court.
Once you clear the hurdle of filing for bankruptcy, live a little, but not too much. The process of filing for bankruptcy can make people a nervous wreck. You do not want to have to deal with depression in addition to your financial troubles, so you should take steps to keep yourself happy. Once the process if over, your life will improve.
Research what assets are exempt from seizure before you decide to declare bankruptcy. The Bankruptcy Code contains a list of various assets that are excluded from bankruptcy. You need to compare this list to the assets you own so that you are not surprised when certain assets are seized. Failure to do this could cause some ugly surprises down the road when you discover that your valuables must be seized.
If concerned about keeping possessions like a car, find out if your attorney can reduce the payment. In many cases, you can reduce your payment by filing a Chapter 7 petition. Here are the qualifications in regards to your vehicle: you must have bought it nine hundred and ten days or more before filing for personal bankruptcy; your loan must carry high interest; your work history must be steady and solid.
Before you make the decision to file Chapter 7 personal bankruptcy, take time to think about anyone it could affect. Speak to an attorney or read the bankruptcy laws in your state to find out if certain loans can be excluded from your filing. But, creditors will ask for the money from your co-debtor.
An understanding of your rights is important before filing for bankruptcy. Do not take debt collectors at their word when they tell you that a specific debt can’t be discharged through bankruptcy. However, there are few debts that cannot be eliminated, like student loans and child support payments. If the debt collector tries to tell you that your debts, which do not fall into those categories, cannot be bankrupted, take a note of it, look up the debt type, and report them to your state’s attorney general office.
Find out about lowering the cost of the payment you pay monthly on your car, if you are afraid of losing it. Chapter seven bankruptcy often provides for the lowering of payments. The vehicle must have been obtained more than 90 days before filing and be a loan with high interest. You must also have consistent work history.
Pick the right time to file. Timing can be critical when it comes to personal bankruptcy cases. Sometimes, it is good to file immediately, but sometimes it is smarter to wait until you have passed through the worst of things. Speak with an attorney who specializes in bankruptcy to figure when is the best time to file, according to your situation.
After exhausting every avenue for resolving your financial debts, bankruptcy may be a necessity. Do not let this situation cause too much stress for you. You can find valuable information by reading this article.