Are you facing the prospect of bankruptcy, but are intimidated by all of the options, legal terms, and stressful decisions? Well, you’ve come to the right place. In this article, you’ll find the basics of personal bankruptcy filing, broken down into easy-to-understand language along with tips and advice for successful filing.
In any personal bankruptcy filing, it is essential to make certain to list all elements of your financial life in your petition and other paperwork. Failing to include all income sources or omitting individual debts and accounts can lead to substantial problems down the road that can limit the dischargeability of some of your most substantial obligations.
Seek advice from a debt consultant before you file for bankruptcy. Deciding to file for bankruptcy is not something that you should do without first seeking advice from a financial expert. This is because filing for bankruptcy will seriously hinder your ability to secure credit in the coming years.
It is imperative that you know for sure that bankruptcy is the option you need. You may find consolidating your debt may be simpler. Filing a claim can take a long time and cause much stress. Remember that your credit will be affected by the mark of personal bankruptcy for a long time. Because of this, you need to think of bankruptcy as a nuclear option; that is, a last resort.
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.
Decide right up front that you are not going to feel embarrassed or ashamed about needing to file bankruptcy. Many people get feeling of guilt when going through bankruptcy. 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. Staying positive and upbeat is the proper way to deal with bankruptcy.
Be completely up front and honest about your situation and assets to avoid courts from dismissing your case. If the court catches you deliberately hiding assets or income, it can bar you from filing and even refilling for bankruptcy on debts that you have listed within the petition. This makes it impossible to remove debts.
Pay your child support. No matter what state you live in, child support is not dischargeable in a bankruptcy. The welfare of children is always going to be of primary importance in any legal system and will never be discharged in a bankruptcy. Although child support is not allowed to be discharged, by filing bankruptcy, you should have additional cash available from debts that were eliminated to then make your child support payments.
Prior to filing for personal bankruptcy, take care to not make withdrawals from your retirement accounts, IRA’s, or 401k’s. You may think you are doing the right thing to free up money, but often these types of accounts are protected from any bankruptcy proceedings. If you withdrawal the money, you may be opening it up to any bankruptcy action.
Remember that bankruptcy takes an emotional toll, and prepare yourself for the feelings that may accompany the process. Feelings of shame and depression are common, even if you ultimately feel relieved. Ensure that you have an adequate support network of friends and family to help you through the tough times you may experience.
Realize that you can obtain credit even a short time after having a discharged bankruptcy. Many lenders and creditors will make smaller loans or amounts of credit to people who have recently filed bankruptcy. They actually view you as less of a risk than you might think. You are prohibited by law from filing another bankruptcy for a certain period of time, and you likely have few, if any, major debts to maintain payments for – both of which make you a less risky debtor in the eyes of some creditors.
A few months after bankruptcy is complete, get your credit report copies from the 3 credit reporting agencies. Make sure that the report accurately represents your discharged debts and closed credit accounts. If you find any discrepancies, immediately follow up on them so you can continue to repair your credit.
If you are facing filing for personal bankruptcy, the first thing that you have to do is figure out what your total debt is. Only after you have a full assessment of your debt, can you take the next steps towards trying to avoid bankruptcy. Make a list of all your debt, along with any assets. In this way you can see the full picture.
After reading this article, you now have a basic understanding of personal bankruptcy options and are armed with tips and tricks for navigating the complicated bankruptcy world. Keep this article on hand to refer to, when facing your legal decisions and you’ll be on your way to putting your savings back in the black.
