Is Personal Insolvency The Right Option For Me?Article by-Mack Howard
Filing for bankruptcy is always a hard thing to do. When you start the procedures to file for bankruptcy, you start thinking about all of the wrong things that you did. If you have not filed yet, there is still time to make things right, look through this article and figure out what you can do.
See what you can find out. Each state does have varying laws on the subject of bankruptcy. Because of this, it is important that you meet with a specialized lawyer to discuss whether bankruptcy is right for you. Generally, initial consultations are free to you so you are able to determine which path you should head down at no cost.
Before you file for bankruptcy, make sure that you sort out your taxes. When you file, the bankruptcy trustee will need to see your tax return from last year and possibly even your tax return from two years ago. If you have these documents ready, your bankruptcy attorney will be able to ensure that the whole bankruptcy process is carried out as quickly as possible.
You are going to get found out and get in trouble if you don't disclose all your assets, so be totally honest from the beginning. The lawyer representing you when you file needs to have full knowledge of your financial situation. Never hide anything, and make sure you come up with a well devised plan for dealing with bankruptcy.
If you are trying to rebuild credit after filing for bankruptcy, you should apply for secured credit cards. These can help you establish credit, but you have to make sure that they are one of the companies that report to the major credit bureaus, since all of them do not.
Personal bankruptcy should be a last resort if you're in insolvency. This is due to the fact that it will take years for the bankruptcy to work off your credit report and new law changes make it harder to escape paying the debts off. In other words, you could have bankruptcy on your credit report and still be paying off several of your debts.
See what your options are. Just because you stop receiving bills when you file for Chapter 7 bankruptcy, doesn't mean you are off the hook for paying them. Although you don't have to pay every bill if you cannot afford to, it is especially important to keep up with payments for any possessions you hope to keep, like your home and auto.
What Is Chapter 13 Bankruptcy and Is It Worth It?
What Is Chapter 13 Bankruptcy and Is It Worth It? When you think of bankruptcy, you may think of someone losing everything - their home, their car and far more. Bankruptcy is, after all, a last resort when you've exhausted all options and simply cannot pay for any of their debts.
After the completion of filing for bankruptcy, get to work reestablishing your credit score. Keep in mind that thirty-five percent of the credit score is calculated using payment history. Keep your payments on time, because you will have to battle the bankruptcy on your report for the next ten years.
Be fully educated about the rules of bankruptcy. If the courts were to find that you have disregarded any of the rules in place, your petition could be dismissed. Laws prohibit picking and choosing some debts to pay off prior to filing for bankruptcy. Family members cannot be paid off within one year of filing and creditors are limited to ninety days.
Do not jump the gun, and file for bankruptcy too early. Filing at the wrong time could leave you with more debt than you had before. It also means that you will not be able to file against those debts. All debt must be listed on your initial application for it to be included.
If you are going through a divorce and your ex-spouse files for bankruptcy, there are debts that cannot be discharged. Child support, alimony, many property settlement obligations, restitution, and student loans, are all not allowed to be discharged in a bankruptcy from divorce. In very rare cases, some property settlement agreements are allowed to be discharged. Consult with an attorney to find out which ones can.
Familiarize yourself with the requirements for different types of personal bankruptcy so, you can decide which type is most appropriate for you. Chapter 7 bankruptcy offers low-income debtors the ability to liquidate their assets to repay debts. Chapter 13 requires you to have a steady source of income so, that you can repay debts over time.
Filing for bankruptcy doesn't mean you will lose all your assets. Personal property can be kept. This may be things like jewelry, clothing, furniture and electronics. The laws of your state and the kind of bankruptcy for which you are filing, coupled with your financial situation, will determine what personal property you are allowed to retain. Additionally, the retention of large assets, such as your automobile and your home, is determined by these considerations.
If find out this here are trying to avoid ruining your credit by filing for bankruptcy, you should consult a credit counselor before you are in too deep. Research the internet to find a reputable credit counseling company. When you find a good company, they will help find ways to reduce expenses, work on a manageable budget, and pay-off all you debt without filing bankruptcy.
If you are avoiding personal bankruptcy but fear that you will lose your retirement savings, you should know that is not likely to happen. If you have an ERISA qualified retirement program (most are), then your retirement savings are safe from claims by creditors. This applies to funds in 401ks and to most IRAs. Consult your own bankruptcy attorney for specific details for your circumstances, but you should know the odds are in your favor.
If you are having trouble getting a loan after having filed for bankruptcy, do not make the mistake of trying to get a payroll advance loan. These loans charge ridiculously high interest rates and there is a strong likelihood that you could end up going back into debt as a result.
Before filing for bankruptcy, keep in mind that child support will not be discharged in a bankruptcy case. The reason for this is that child support is a responsibility that a parent must pay. Bankruptcy does not remove that responsibility. Be sure to include any child support in your list of debts that will remain with you after the bankruptcy is discharged.
If you are filing for chapter seven bankruptcy, the dismissal of the balance of your debts is not a given. There are secured debts that must be reaffirmed, meaning you must draw up a new payment agreement. Other debts cannot be discharged at all. For instance, court-sanctioned fines cannot be discharged under Chapter 7. The same goes for child support and alimony payments.
As with most consumer related issues, bankruptcy is best approached with solid information and reliable advice. Hopefully, this article has been a great source of that much needed help and you should now be better prepared to tackle your financial future and pursue the steps involved in getting back on the right financial track!