While bankruptcy is often a last-resort measure, sometimes it’s simply unavoidable. Although bankruptcy takes a major toll on credit, sometimes, it is the only option. Read this guide in order to know more when it comes to filing bankruptcy as well as the consequences of doing so.
If you are thinking about paying off your tax obligations with a credit card and then filing bankruptcy, think again. Generally speaking, taxes are not a dischargeable debt. The delays caused by this sort of tactic could leave you owing the IRS a great deal in interest and penalties. The rule here is that if you can get the tax discharged then you can get the debt discharged. Just because your credit card could be discharged in bankruptcy does not mean you should use it.
It’s important that you understand what bankruptcy is and how it will change your life before you attempt to file a claim. The U.S. There is solid advice available from the NACBA, (Consumer Bankruptcy Attorneys’ association) the ABI, (American Bankruptcy Institute) and the United States Department of Justice. The more you know, the better prepared you will be to make the best decisions and ensure that your bankruptcy goes smoothly.
Before filling for bankruptcy, determine which assets will be exempted from seizure. The Bankruptcy Code has lists of various asset types that are exempt during the process. Many belongings may become eligible for repossession or seizure after filing for bankruptcy. It is important to know what types of possessions may be taken away before they actually are seized.
Do not attempt to conceal any assets when filing for bankruptcy because you may be penalized when they are discovered. Regardless of the agency you file with, ensure that you tell them all they should know about your current financial situation, regardless of how good or bad it is. Divulge all of your information so that you and your lawyer can devise the best strategy for dealing with your situation.
Before declaring bankruptcy, ensure that all other options have been considered. For example, consumer credit counseling services can often help you figure out a workable repayment plan with creditors. Negotiating with creditors is another option, but creditors are notorious for “forgetting” these agreements, so get them in writing!
There are two different kinds of personal bankruptcy you can file for: Chapter 7 and Chapter 13. Investigate the benefits and pitfalls of both. Online resources may be able to provide all the information you need. If something doesn’t make sense to you, go over it with your lawyer prior to choosing which one to file.
Before filing for bankruptcy, determine whether Chapter 13 or Chapter 7 is appropriate for your financial situation. Chapter 7 eliminates all debts. All happenings with creditors will disappear. On the other hand, filing for bankruptcy under Chapter 13 means you will have 60 months to pay your debts back. To make the wisest choice, you will need to understand the consequences of each of these two options.
It is important to understand your rights when you file for bankruptcy. There are unscrupulous debt collectors who may suggest that your obligations cannot be included in a 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.
Bankruptcy can be a good time to spend time with people you love. Filing for bankruptcy, and all that comes with it, can be hard to handle at times. It is long, stressful and makes people feel like losers. Some people do not even want to speak with others until the bankruptcy is official. Isolating yourself from your loved ones can lead to feelings of depression. For this reason, if you are undergoing personal bankruptcy proceedings, you must continue to live a normal life, spending time with your friends and relations.
Act at the right time. They say timing is everything, and this rings true when filing for bankruptcy. While there are times that it is ideal to file soon, there are other times in which you should wait. Discuss the strategic timing of your bankruptcy with your attorney.
Do not think of filing for personal bankruptcy as a shameful thing. The bankruptcy process makes people feel guilty and ashamed. But, such emotions get you nowhere, and they can cause significant mental issues to emerge. The best way of dealing with bankruptcy is to keep a positive attitude during this time of financial upset.
Because bankruptcy is such a challenging time that a great deal of stress, both mental and emotional, may be involved. The best way to lessen this stress is to employ a lawyer, who can handle most of it for you. Don’t allow cost to determine who you hire. There is no need to use an expensive attorney. The important thing that you must do is to get a good attorney. Get referrals from those who have used a bankruptcy lawyer, talk to the bureau for better business, and take advantage of free consultations offered by most lawyers. You might be able to view a court hearing. You might be able to watch how your prospective attorney handles the case.
Keep the concept of shame out of your head if you are contemplating bankruptcy. The bankruptcy process makes people feel guilty and ashamed. Do not let these negative feelings influence your decision. Maintaining a positive outlook during a troublesome financial upheaval is the best way to cope with bankruptcy.
Finding out about your personal bankruptcy options is the difference between a successful and an unsuccessful claim. But, because of the effect it has on one’s credit, it shouldn’t be the first choice. Knowledge is power when it comes to bankruptcy.