If you want to file for bankruptcy, you may not know where to begin. And it is true, there is a lot of information out there and a lot of bankruptcy laws you need to comply with. Here are some essential tips for handling bankruptcy, so that you know what you’re getting into.
Don’t be afraid to apply for credit for purchases such as a new home or car just because you have a recently discharged bankruptcy. Many lenders will take your new financial situation into account. They may be more likely to loan money to someone who has no debt due to a bankruptcy than to the person with, say, 75,000 dollars in credit card debt. The fact that you have no monthly credit card payments can make you look like a better risk.
Don’t hide assets or liabilities when filing for bankruptcy. Regardless of the agency you file with, ensure that you tell them all they should know about your current financial situation, regardless of how good or bad it is. Telling the truth will allow you reach a solution that is feasible, given your current situation.
Evaluate your consultation with any lawyer by the way he or she handled the consult. Consider the length of your consult. If it lasted less than 15 minutes or it was with an assistant rather than an actual lawyer conducting the consult, this could signal that lawyer is probably not the best choice. You want someone that takes the time to handle your case personally, and you want to get your money’s worth. You should also shy away from those lawyers who pressure you with phone calls or try convincing you immediately after a consultation by getting pushy.
Filing for bankruptcy will not only just stop credit card companies from harassing you about debt. It will wipe out many of your debts, which may include utility company bills, wage garnishment and foreclosure. It will reduce all of these debts down to zero, and you will have to rebuild your credit all over.
Fight the temptation to rack up large credit card balances just before filing. The creditor will take a look at your account history. If they determine that you charged a lot before applying for bankruptcy, they can file a request with the court to hold you responsible for the amount that you charged.
Avoid running up your debt limit before you file for bankruptcy. Judges, and creditors look at recent history along with your current situation. A judge can deny some of your debts from being wiped out if, they think you’re just taking advantage of the system. Try to show that that you’re willing to change your fiscal habits.
Explore all of the options available to you before you file for bankruptcy. Filling for bankruptcy can have some serious future implications. For instance, getting a mortgage application approved when you have previously been bankrupt will be tough to say the least. Therefore, you should thoroughly investigate all of the alternatives to bankruptcy. Perhaps you could borrow money from a family member or consolidate some of your debts.
Your trustee may be able to help you secure an auto loan or get a mortgage even though you have filed Chapter 13. However, it will be a longer and more arduous task. You will need to secure the trustee’s approval for any new debt obligation. You need to show them why and how you can handle paying back the new loan. Be ready to justify the purchase that you need the loan for, too.
File bankruptcy before time runs out to avoid harsh penalties. If you wait too long to file, you may be forced to pay fees through garnishments taken from your bank accounts, foreclosure or even through wages. Early filing can also help prevent extensive reviews of your bankruptcy filing qualifications that may disqualify you.
You can change your Chapter 13 bankruptcy payments in certain situations. While your payment amount will be set up for 3 to 5 years, if there is a change in your situation, you may be able to amend it. A decrease in income, such as, a pay cut, or a sudden increase in expenses, such as, a medical condition, may allow you to amend your monthly payments. You may be able to reduce the payment accordingly, or in some cases, suspend your payment for a certain amount of time.
If you are filing for bankruptcy and have outstanding payday loans, be sure to get the advice of your attorney regarding them. Many payday loan forms contain a disclaimer stating that they are exempt from future bankruptcies that may be filed by you. However, these are not supported by law. The truth is, your payday loans are fully discharged through bankruptcy just like any other unpaid bill.
Having the right information is always the first step toward any decision, and bankruptcy is no different. Before making a decision on what you should do, take the time to learn all you can about it. Only then, can you feel confident about what you should do and how to proceed.
