Bankruptcy is a decision that should be thoroughly thought about. Read the tips and suggestions in the following article so you know what to expect and just what you should be doing before you make that important decision. Find out all the information you can before filing for bankruptcy.
When it comes to informing your attorney about your case, don’t be fearful. You cannot expect your lawyer to remember every important detail without some reminder from you. Be as open as you can be to make sure your bankruptcy goes as well as possible.
After filing for bankruptcy, you may have difficulty getting approved for unsecured credit. If this is so, apply for a secured card or two. This will allow you to start building a good credit history while minimizing the bank’s risk. Then, in time, it may be possible for you to obtain an unsecured credit card.
Before you file for bankruptcy, find out which of your assets will be exempt from seizure. The Bankruptcy Code includes a list of the types of assets that are exempt from the bankruptcy process. Be sure that you study this list. Make yourself aware of any assets you have that could be seized. It is important to know what types of possessions may be taken away before they actually are seized.
Be completely honest whenever you file for personal bankruptcy. Hiding any asset or liability is a risk that will bite you in the end. Wherever you file, that court has to be made aware of all details regarding your finances, positive and negative. Being honest is both the right thing to do and, moreover, it is required by law.
Be certain that you can differentiate between Chapter 7 and Chapter 13 bankruptcy. Chapter 7 is the best option to erase your debts for good. Your former ties with creditors will cease to exist. 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. Take the time to learn more about these different options so you can make the best decision possible.
Meet with a few attorneys who offer free consultations before hiring one. It is important to meet with the actual attorney, not the attorney’s assistant or paralegal; those people are not permitted to give legal advice Hiring a lawyer could help you become comfortable with the legal things that you will encounter.
Take steps to ensure your home is protected. Filing bankruptcy does not necessarily mean that you will lose your house. If your home has significantly depreciated in value or you’ve taken a second mortgage, it may be possible to retain possession of your home. Otherwise, look into the homestead exemption which may allow you to stay in your home if you meet financial threshold requirements.
Consider if Chapter 13 bankruptcy is an option. With a consistent income source and less than $250k in debt, try filing for Chapter 13. That kind of bankruptcy allows you to hold on to your personal things and real estate while repaying your debts with a plan to consolidate your debt. This repayment period usually lasts from three to five years. If you make your payments faithfully during that time, any remaining unsecured debt will be eliminated. Consider that if you even miss one payment, your case will not be considered by the court.
While going through this process, spend more time with friends and family. The process of bankruptcy can seem brutal. It is long, full of stress and leaves individuals having feelings of shame and guilt. Lots of people think they need to hide from everyone until this is all done. Washing yourself in self-pity will only make the situation worse and can leave you feeling very depressed. Remember that it is not your families fault for your financial hardships and use this time to pull together and be strong.
Before filing for bankruptcy, learn your rights. Bill collectors can try to scare you into believing that your debt will not be cleared. Most states allow for the majority of debt to be included on a bankruptcy. If your creditors are telling you any other kind of debts cannot be cancelled, get a written proof and send it to the general office of your state’s attorney to report this illegal behavior.
Get the word “shame” out of your head when filing for bankruptcy. It is not uncommon for bankruptcies to elicit feelings of guilt, remorse and embarrassment. Continuing to let yourself feel that way can damage your emotional health and does not benefit you in your endeavors to deal with your financial situation. Keeping an optimistic view as you deal with your financial woes is the most productive way of dealing with a bankruptcy.
Experiencing Financial Problems
Avoid using bankruptcy as a last resort. Do not avoid your creditors; they will not go away. It is important to decide on a course of action as soon as you begin experiencing financial problems. Yet you can have debtors come after you and potentially take your home if you are not handling your debts properly. As soon as you find yourself experiencing financial problems, take action and discuss your options with a bankruptcy attorney.
After reading the previous article, it is obvious that bankruptcy is not something that takes place on its own. There are many things that must be taken care of, and must be done right. Hopefully, with what you learned today, you learned what it means to file for bankruptcy and you can avoid being in this situation in the future.