You may feel quite frightened of the IRS if they threaten to repossess the things that are important to you, such as your jewelry or your car. When your debt situation gets serious enough, you may want to consider personal bankruptcy as a way to save yourself. Take a few minutes to go over this article and make good use of the tips presented.
Once a person’s debts outstrip his or her ability to repay them, bankruptcy may be the only option left. If you find yourself going through this, you should know all about the laws that are in your state. Most states differ in their laws governing bankruptcy. In some areas, your residence may be completely exempt, but in others, it will not be. Be sure you educate yourself on local laws prior to filing.
Many people find that they must file for bankruptcy protection because they have more debt than they can afford to repay. If you are in this position, you need to be familiar with the laws in your area. Bankruptcy laws vary from state to state. For instance, in some states, you can’t lose your home to bankruptcy, while in other states, you can. Do not file before learning about the bankruptcy laws in your state.
Instead of jumping into a bankruptcy filing, be sure your situation requires it. You have other options available like consumer credit counselling services. Bankruptcy is a serious negative on your credit history so make sure you have no other options before you file. It is important to keep your credit history as positive as possible.
It should go without saying, but refrain from lying in your bankruptcy filings. You might feel tempted to not declare certain assets in your bankruptcy in order to protect them from forfeiture, but if you’re found out, the process could take longer, or worse, you might be banned from filing for bankruptcy completely.
Do not hesitate to remind your lawyer of any details regarding your case. Don’t assume that he’ll remember something from a month ago; tell him again. Your case and future are affected by the attorney’s action, so never be afraid to communicate.
If you are thinking about paying off your tax obligations with a credit card and then filing bankruptcy, think again. In many parts of the country, you cannot get this debt discharged, and in the end you will be left owing the IRS a big sum of money. In most cases, you can use the adage that “a dischargeable tax is a dischargeable debt.” This makes using a credit care irrelevant, since bankruptcy will discharge it.
Prior to filing for bankruptcy, discover which assets cannot be seized. Bankruptcy exemptions are properties may not be seized during bankruptcy. You need to read the exemptions for your state, so you know what property you can protect. If you neglect this important step, you might be blindsided when a possession that is important to you is taken to repay creditors.
Be completely honest whenever you file for personal bankruptcy. Hiding any asset or liability is a risk that will bite you in the end. Whoever provides your legal consultation must be privy to all of your financial information. Telling the truth will allow you reach a solution that is feasible, given your current situation.
Keep at it! You may be able to regain property like electronics, jewelry, or a car if they’ve been repossessed by filing for bankruptcy. There is a chance that you can get back your property if it has been less than ninety days since repossession. Speak to a lawyer who will be able to help you file the necessary paperwork.
Don’t look at bankruptcy as a first step. Look at all the other options you may have first. You have other choices, including consumer credit counseling. Since your credit history will forever note the bankruptcy, you want to make sure that you have tried everything else before you take an action such as this, in order to minimize the effect it will have with regard to your credit history.
Chapter 13
Thing about filing a Chapter 13 bankruptcy. If you currently have some income and don’t have more than $250k in debt, you can declare bankruptcy. The benefit of this plan is that you retain personal belongings and private real estate and your debts are repaid by an organized payment plan. The window for Chapter 13 repayments is typically 3-5 years. At the end of this time, any unsecured debt is discharged. Remember that you must make every payment. Missing even one could cause the court to dismiss your case.
Make sure you consider implications of bankruptcy before filing for Chapter 7. Once you file for Chapter 7 bankruptcy protection, you no longer have legal responsibility for debts that you and any co-signers originally agreed to. Your creditors can then come after your co-debtor for full repayment of the debt.
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. Avoid ever touching retirement funds until you have no other choice. You may have withdraw from your savings every now and then, but try to leave yourself some financial security for the future.
Filing for Chapter 13 bankruptcy will not prevent auto loans or mortgages from being obtained. However, it won’t be as easy as it may have been to get one prior to the bankruptcy. You will need to go through various hoops in order to be approved for any new loan type. Draw up a budget, demonstrating that you can afford the new loan payment. Be ready to justify the purchase that you need the loan for, too.
Before declaring bankruptcy, it is important to know your rights. Bill collectors can try to scare you into believing that your debt will not be cleared. There are not many debts that can not be bankrupted, student loans and child support for example. If a debt collector tells you this false information, seek the advice of your bankruptcy attorney. You may also want to report the bill collector to the attorney general’s office.
Before filing personal bankruptcy, consider other options. Credit counseling is an important option for you to pursue. There are many different non-profit companies that can help you. These organizations can work with creditors to lower your payments and interest rates. You can even pay your creditors through them.
It is essential that you are honest and forthright in the documentation you provide for your bankruptcy filings. Withholding or lying about certain information can seriously worsen your financial situation. It could lead to being unable to file for bankruptcy or even legal trouble.
Don’t take large cash advances from credit cards prior to filing since the debts will be eliminated from these cards. Doing so constitutes fraud. You can easily be ordered to repay all of this money, by the courts.
Credit Score
Know that ultimately, bankruptcy could get you a higher credit score than to keep making late payments or missing payments altogether. The good news here is that, even though the bankruptcy claim will leave a decade-long stain on your credit score, you can still work to repair your credit. A major benefit of the bankruptcy process is the ability to essentially start over.
Look for a bankruptcy lawyer that comes from a personal recommendation instead of someone random on the Internet or in the yellow pages. Companies are constantly popping up, claiming to help, yet only seek to profit from your misery. In ensuring that your bankruptcy is as simple as possible, trusting your attorney makes a big difference.
Many people who file for bankruptcy vow to stop using credit cards. This is not wise, since credit cards can help to rebuild credit. Failing to build an acceptable credit rating can prevent you from obtaining financing for a car or home at a later date. To start, use one credit card sparingly and pay it off in full each month.
Even though bankruptcy is always a personal choice, do not file without checking out all other options. You must remember that some debt consolidation services really are just a scam, and using them will result in even more debt for you. Remember the tips in this article so you can make the best financial choices and avoid future debt.