Although bankruptcy causes stress, it can help financially. The negative is that you will have to allow others to delve into your personal financial situation, and be open to it. The positive is that once the process has been completed, you will be debt-free and free of harassment from creditors. Continue reading to learn what you need to know to make your bankruptcy almost painless.
When people owe more than what can pay, they have the option of filing for bankruptcy. When you get into this situation yourself, your first step is to familiarize yourself with your local bankruptcy regulations. You will find that each state has their own bankruptcy laws. Your home is safe in some states, but in others it’s not. Be sure you educate yourself on local laws prior to filing.
People generally mostly feel the need to get a bankruptcy filed for when they have more money owed than they can get. If this sounds like you, start familiarizing yourself with your state laws. Each state has its own laws regarding personal bankruptcy. In a few states, they see to it that your house is protected. This is not the case when it comes to other states. Do not file before learning about the bankruptcy laws in your state.
Credit Cards
Do not consider paying off tax debt with credit cards and filing for bankruptcy afterward. It won’t work. Most states do not look at this debt as chargeable, and you could end up owing money to the IRS. Generally speaking if you can discharge the tax, you can discharge the debt. It is pointless to use credit cards if they can be discharged.
If you are faced with the choice of filing for bankruptcy or using your emergency fund or retirement accounts to pay creditors, opt to file for bankruptcy. Don’t touch retirement accounts unless you don’t have a choice. Although it is quite normal to use some of your savings, ensure that you leave enough in your account for emergencies.
Ask yourself if filing for bankruptcy is the right thing to do. Look into credit counseling to see if it could help you work out of your debt without bankruptcy. Bankruptcy will leave a permanent scar on your credit report and before you take this huge step, you should search through every available option first, to help try and limit the damage to your credit.
Be sure to remind your lawyer if it seems that some details of your situation are forgotten. Inaccurate or incomplete information can lead to your petition being denied. Be as open as you can be to make sure your bankruptcy goes as well as possible.
Ask those you know if they have an attorney to recommend, instead of finding one on the Internet or in the phone book. There are various companies that prey on the financially desperate, so you need to find someone you can trust to ensure the process goes smoothly,
Safeguard your home. Filing for bankruptcy doesn’t automatically involve losing your home. If your home has significantly depreciated in value or you’ve taken a second mortgage, it may be possible to retain possession of your home. Otherwise, try looking into house exemptions that may let you remain in the home if you meet certain financial threshold requirements.
Once the bankruptcy is complete, you may find it difficult to receive unsecured credit. Secured cards can be a great way to get started if this happens to you. That will show lenders that you are committed to rebuilding your credit. If you do well with a secured card and make strides to repair your credit, you will ultimately be able to receive an unsecured card.
Chapter 13
Consider filing for Chapter 13 bankruptcy. If you have regular income and under $250K in unsecured debt, a Chapter 13 may be right for you. This will allow you to keep your personal property and real estate and repay your debts via a debt consolidation plan. Expect to make payments for up to 5 years before your unsecured debts are discharged. Keep in mind that missed payments will trigger dismissal of your case.
Before you decide to file for Chapter 7 bankruptcy, you should consider what your bankruptcy might have on others, as your family and friends may be affected. Once you have filed Chapter 7, you, by law, are not responsible for any of your debts that also include your co-debtor. However, if you had a co-debtor, they will be required to pay the debt.
Instead of relying on random selections from the phone book or Internet, ask around and get personal recommendations. There are so many dime-a-dozen companies out there who make it a practice of preying on financial desperation. You need to make sure your bankruptcy goes smoothly, so find someone you know you can trust.
There are many different reasons why people choose to file for bankruptcy. No matter why you are filing, you must remember that knowledge is the key to help during the process. The tips contained in this article will make filing for bankruptcy easier to handle. Using these tips in the process of filing can make you feel much better.