If you are thinking about bankruptcy and haven't made a final decision about it yet, it's important that you know what is involved. If you are not a bankruptcy lawyer, you, more than likely, have not dealt much with bankruptcy law. Here are some quick tips to help you understand what you may go through.
Bankruptcy is a very complicated, and scary process. Usually anyone who applies for it, is at the end of ones rope. To help you feel more in control of things, be sure to educate yourself about the entire process before making your decision. Learn the requirements you have to meet before applying.Learn about what the process will be when you do apply.Finally, learn how your future will be affected by it after you file.
A critical tip for anyone considering a personal bankruptcy filing, is to make sure not to wait too long to seek relief. Delaying a bankruptcy filing can result in potentially devastating events , including home foreclosure, wage garnishments, and bank levies. By making find more information to file, it is possible to maximize your future financial options. Getting a clean start faster than you may have thought possible.
Many times, when a debtor files for Chapter 7 bankruptcy, their home can be protected. This is because of the homestead exemption. This exemption can protect the home, if the debtor owes below a certain threshold. Laws concerning this exemption do vary between states. Be sure to consult with a bankruptcy attorney before, assuming your home is safe from liquidation.
Honesty may never have been as important as it will be when going through personal bankruptcy. Hiding income or assets may result in a dismissal from the court. It could also mean that you will be barred from ever having the opportunity to file for bankruptcy any time in the future.
After your bankruptcy has been discharged, or finalized, a good way to begin re-building your credit is to obtain a pre-paid credit card. This type of card is usually available at your local bank. The card is secured by the amount of money you load onto it. You can not charge more than what you have loaded onto the card, so over-spending shouldn't be a problem. It works like a regular credit card, with monthly statements and payments. After http://www.abc.net.au/news/2016-01-28/faruqi-atar-scores-have-lost-all-meaning/7119932 have kept this card in good standing for a period of time, you may be able to have it switched into a regular, revolving credit card.
Make sure that you have all of your essential financial information and documentation in hand before you file for bankruptcy. Your bankruptcy attorney will need access to your financial information and other important documents, in order to complete your petition. This information will include: a detailed list of your monthly expenses, information about any real estate that you own, bank statements and any documentations pertaining to the ownership of a house or automobile.
You should be able to meet with a specialized lawyer for free to ask your questions. Most lawyers provide a consultation for free, so consult with many of them before picking which one you want to hire. The lawyer who properly answers your questions is the one you should hire. There is no need to feel rushed to decide to file after you talk with your bankruptcy lawyer. This allows you time to speak with numerous lawyers.
If you make more money than you need to pay your bills, you should not file for personal bankruptcy. It can seem like bankruptcy can be an easy way to avoid paying back your debts, however it leaves a serious mark in your credit report that can last between seven and ten years.
Keep your head up. Getting depressed about the situation you are in will not help. Many times, bankruptcy seems like it is going to be bad, but often, it is the best thing you can do at the time. You will have a fresh start and a better financial future, if you learn from your mistakes.
Keep in mind that, currently, student loans cannot be discharged when filing for bankruptcy. There is a process by which student loans could be considered dischargeable, but it is costly, difficult, and rarely successful. However, student loans in bankruptcy have been a topic discussed by Congress in recent years, so keep up with new bankruptcy laws to find out if any changes have been made.
Start getting used to paying for items with cash. Because bankruptcy will affect your ability to acquire credit for the foreseeable future, and credit you do obtain will have a high interest rate, pay for everything you can with cash or a check to prevent racking up new, much more expensive debt.
Do not make the mistake of running up lots of new debt just prior to filing for bankruptcy. The court will take all of your spending into account, including recent debts you've incurred, and the judge may not be willing to waive debts if it appears that you are trying to game the system. Make sure that your spending habits reflect a true desire to change.
If you have many non-dischargeable debts, filling for bankruptcy may not be very beneficial or advisable. Non-dischargeable debts include student loans, taxes, child support payments, fraudulent debts, and alimony payments. Filing for bankruptcy will not dissolve any of those debts and will only make it harder for you to secure credit in the future.
You will most likely need to consult with a lawyer who specializes in the field of bankruptcy prior to filing. Be diligent in your research before you hire someone to represent you. Check all public records available on your attorney and make sure he or she is properly licensed and has excellent references. You should visit with several lawyers and examine what payment structures they offer based on what type of results. You should not hire anyone who makes you feel uncomfortable with them.
Work with a reputable credit counseling agency. If you have decided to file for bankruptcy, work with a credit counseling agency that has the approval of the US Trustee's Office. They will provide a 90 minute mandatory counseling session, after which they will determine if you qualify for a Debt Management Plan. They will also issue you with a certificate that allows you to file for bankruptcy.
Regardless of how dire your situation may be, candor is critical. Lying about debts and assets is a huge mistake. This activity is illegal. If you lie in the recording of your debts and assets, you may end up in prison for quite some time.
Personal bankruptcy filings can be a topic of great importance for many consumers, but also one that causes tremendous anxiety. The truth is that when used wisely, the bankruptcy process can be an important tool for getting a fresh financial start. By applying these ideas to your personal situation, it is possible to gain a better understanding of the ways in which you can benefit from the protections offered by a personal bankruptcy filing.