When someone files for bankruptcy, it’s not a good thing. Bankruptcy can be ugly, embarrassing and a tough thing to talk about. With the solid advice in the article below, you may be able to make a better choice.
When a bankruptcy is imminent, retain a lawyer immediately. Bankruptcy is a complex process, and you probably don’t know all the information that is required to navigate it. A specialized bankruptcy lawyer can ensure that you are handling your bankruptcy filing the right way.
It is important that you increase your knowledge on personal bankruptcy by reviewing websites that provide reliable information. The U.S. Justice Department, the ABI (American Bankruptcy Institute), as well as the NABCA (National Assoc. Consumer Bankruptcy Attorneys) are excellent sources of information. Knowing as much as possible about bankruptcy gives you an advantage and will help you make the best decision possible.
Chapter 7
Before filing for bankruptcy, determine whether Chapter 13 or Chapter 7 is appropriate for your financial situation. In Chapter 7 most of your outstanding accounts will essentially be erased. All happenings with creditors will disappear. If you choose to file for Chapter 12 bankruptcy, you’ll be put into a 60-month plan for repaying your debts before they’re eliminated. It is worth while to take your time to research both types of bankruptcy to decide which option works best for you, and your financial situation.
Be sure you know what the difference between Chapter 13 and Chapter 7 bankruptcy is. Weigh all the information you can find on- and off-line to make an educated decision. If you do not understand what you are reading, talk to your attorney before making that serious decision.
It is a good idea for you to hire a bankruptcy to handle your bankruptcy process. You might not understand all of the various aspects to filing for bankruptcy. A specialized bankruptcy lawyer can ensure that you are handling your bankruptcy filing the right way.
Make sure that you really need to file for bankruptcy. Perhaps consolidating your existing debt can make it easier to manage. The whole process of filing for bankruptcy can be a long, and hard one. It will have a major effect on your credit as time goes on. Because of this, filing for bankruptcy should only be used as a last resort.
Consider Chapter 13 bankruptcy. Chapter 13 bankruptcy is a good choice for people whose unsecured debts amount to lower than $250,000 and who receive a regular income. Filing for this type of debt will ensure that you can hold onto your real estate and personal property, and will let you develop a consolidation plan to pay off your debts. Lasting anywhere from three to five years, this plan will allow you to be discharged from unsecured debt. Keep in mind that missed payments will trigger dismissal of your case.
Chapter 7
Safeguard your home. You don’t have to lose your home just because you are filing for bankruptcy. If your home value has gone down, or if there’s a second mortgage, you might be able to keep it. Another option is the homestead exemption that has certain income and financial requirements, but may also allow you to keep your home.
Take into consideration all the ramifications of a Chapter 7 bankruptcy. Filing for this can impact any co-debtors, such as friends or family. When filing for Chapter 7, you won’t be responsible legally for debt signed by co-debtors and yourself. However, if you had a co-debtor, they will be required to pay the debt.
If you are filing for bankruptcy, it is imperative that you have a good understanding of your rights. It is not unusual for creditors to claim that their debt is not able to be discharged. There are a few debts that cannot be cleared, such as student loans and child support, but be sure to know the details when dealing with debt collectors. 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.
Before filing for bankruptcy, establish the fact firmly in your mind that you have nothing to be ashamed of. Going through the filing process often brings out the worst in people, causing them to feel a variety of negative emotions. Learn to accept these feeling at face value– you can’t prevent yourself from feeling them, but you can stop them from controlling you. To best deal with filing for bankruptcy, look for the positives in the situation.
Don’t automatically assume that bankruptcy is your only option. You may qualify for alternatives such as debt repayment plans or interest rate reductions. Ask your bankruptcy attorney about these options. A plan that can be useful when foreclosure is looming is a loan modification. These plans allow you a longer pay off period by extending the term of the loan, reducing the rate of interest or forgiving late fees. When all is said and done, creditors want their money and find repayment plans preferable to not getting paid at all.
There is a great amount of emotional and mental stress associated with filing for bankruptcy. To have a reliable and trustworthy guide through the process, find a highly qualified attorney. Do not hire based on cost. There is no need to use an expensive attorney. The important thing that you must do is to get a good attorney. When deciding on an attorney get referrals, contact your better business bureau or get a free consultation from at least three attorneys. You might be able to view a court hearing. You might be able to watch how your prospective attorney handles the case.
Clearly, bankruptcy does not need to be inevitable. By using this article you will be well on your way to avoiding bankruptcy. Start using what you learned today and see how much of a change you can make in your life, so that you do not have to harm your credit history.