What You Should Know About Personal Bankruptcy
What You Should Know About Personal Bankruptcy
Most people consider bankruptcy as a choice of losers, but quickly change their mind when it directly affects them. Divorce or getting let go from a job can cause a person to look at personal bankruptcy as their sole choice. If filing for bankruptcy is your only choice, educate yourself on the process.
One of the best ways to learn more about the bankruptcy process is to hit the Internet and look up reputable bankruptcy websites. The US Run a quick Internet search to find out all the different agencies you should be contacting or visiting via the web to find out what you can. The more you know about it, the better you are able to make the best decision for your situation and to make sure that the bankruptcy proceedings move forward with minimal setbacks.
If you are thinking about paying off your tax obligations with a credit card and then filing bankruptcy, think again. Most states do not look at this debt as chargeable, and you could end up owing money to the IRS. The rule here is that if you can get the tax discharged then you can get the debt discharged. So using your credit card to pay off your tax obligations, then filing for bankruptcy, can actually hurt you instead of help you.
Make sure you are always providing honest documentation whenever you have to file for personal bankruptcy. You must avoid the temptation to conceal any valuables, money or other assets from the courts. If they find that you have lied, you may be faced with fines, penalties or the inability to file in the future.
Don't hesitate to give your attorney a heads-up about something she has missed. Don't assume that they'll remember something important later without having a reminder. Remember that you're the boss. You're paying your lawyer, so you should not be afraid to have your say. After all, the quality of your life hangs in the balance.
Be sure your home is well protected. Filing for bankruptcy will not always result in losing your home. Depending on certain conditions, you may very well end up being able to keep your home. Check to see if you pass the requirements necessary to file for a homestead exemption.
Before you file for personal bankruptcy, weigh all of your options. Talk with a bankruptcy lawyer and ask about alternatives, such as debt consolidation or negotiating with creditors. If foreclosure is imminent, see if your loan can be altered at all through a modification plan. The lender may be willing to reduce interest rates, eliminate late charges or extend the life of the loan. Many times creditors are happy to work with you to ensure that you will repay your loan.
If you're concerned about the details of keeping your car, try to ask your attorney about details regarding lowering your monthly payments. Filing for Chapter 7 can help to lower your monthly payments on possessions such as your vehicle, helping to ease your financial load. But, your car has to have been bought at least 910 days before you file. Also, it must come from a high interest loan and you have to have been consistently working.
It is in your best interest to be abreast of your rights in petitions for bankruptcy. Bill collectors will lie to you and say you can't have their bill 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 the bill collector is trying to deceive you, then report that company to your local attorney general's office.
Decide right up front that you are not going to feel embarrassed or ashamed about needing to file bankruptcy. Often, with bankruptcy, come feelings of guilt, shame and worthlessness. But, there is nothing positive about feeling this way and it can actually affect your mental state. Keep your mindset positive while you work through financial troubles such as bankruptcy to reduce stress and have an easier time coping.
Before filing for bankruptcy, you must be educated on the specifics of all bankruptcy laws. As an example, it is prohibited for someone to transfer assets from the filer's name for one year prior to filing. Other laws you need to know include debt-based regulations. You cannot increase debt via credit cards prior to filing a claim. Your finances basically have to remain frozen.
Do not take a large cash advance from credit cards prior to filing, knowing that bankruptcy erases all debts. To do this would be considered fraud. Even after filing for bankruptcy, you might be forced to repay money gained in this manner.
A lot of individuals who have found themselves filing for bankruptcy think that they will never borrow money or use a credit card again. This isn't necessarily a good strategy to follow because good credit is established by getting, and handling, credit responsibly. If you aren't using any credit, then it will be very difficult to get your credit score high enough to be able to purchase things like a car or home in the future. Start with just one card in order to move your credit in the direction you want it to go.
Consolidate a list of what you owe. This will be included in your bankruptcy filing, so include every entity that you know you owe money to. Always go through your statements and get exact numbers. Don't do this process too fast because these amounts won't get discharged if the numbers aren't right.
If bankruptcy is likely in your future, think about hiring a bankruptcy attorney. A qualified lawyer can access your need to file, go to court with you and make the process simple. A lawyer will be able to file and fill out all of the necessary paperwork, as well as answer any questions that you may have.
If you have tried everything you can think of to resolve your financial difficulties, filing for personal bankruptcy may be your only option. If circumstances beyond your control have brought you to this place, you do not have to be stressed out. This article shares what you need to know about fixing your financial predicament.
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