Filing for bankruptcy is always a hard thing to do. When you start the procedures to file for bankruptcy, you start thinking about all of the wrong things that you did. If you have not filed yet, there is still time to make things right, look through this article and figure out what you can do.
Get a plan in place for after your bankruptcy is over. Your debt will be forgiven, but you have to find a way to make sure that your financial picture will recover. Set definite goals so that you are always working toward a financial future that will never get you in this position again.
If you need to file for bankruptcy, you need to list all of your creditors. Do not leave any of them off or you could be liable for the remainder of balances for creditors which are not reported. Take the time to get a credit report so you can compile a complete list of all creditors before you file. You could end up in debt after you file if you do not.
Decide whether you want to file for Chapter 7, or Chapter 13 bankruptcy. As an individual, you may do either one. Find out as much as you can about each type of bankruptcy, so you are able to make a choice that you can live with in the future.
Be brutally honest when you file for bankruptcy, as hiding assets or liabilities, will only come back to haunt you. Good or bad, you must tell your bankruptcy attorney everything about your financial situation. Be completely honest in your paperwork to avoid a situation that may end in severe punishment.
Make a detailed list. Every creditor and debt should be listed on your application. Even if your credit cards do not carry a balance at all, it should still be included. Loans for cars or recreational vehicles should also be included on your application. Full disclosure is imperative during this part of the bankruptcy process.
Before you decide to file for bankruptcy, be sure to obtain a free consultation with a bankruptcy attorney. Depending on where you live, you have the right to speak to an attorney before filing. Any good attorney will offer a first appointment free. This is an important consultation, as you will need the answers to many questions. These may include: attorney fees, what type of bankruptcy to file, and what types of information, paperwork you will need to provide. Most importantly, an attorney will be able to determine if filing for bankruptcy is the right decision for you.
If you lose your job, or otherwise face a financial crisis after filing Chapter 13, contact your trustee immediately. If you don’t pay your Chapter 13 payment on time, your trustee can request that your bankruptcy be dismissed. You may need to modify your Chapter 13 plan if, you are unable to pay the agreed-upon amount.
Before you file for bankruptcy, make sure you understand your rights. You might hear from your creditors that your debts cannot be canceled through bankruptcy. Most loans can be discharged outside of certain things, like child support or loans you are paying back due to student lending. If these are not the categories in which your debts fall, double check to see if the type of debt can be bankrupted. If it can, be sure to file a complaint about the debt collector with the office of the state attorney general.
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.
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.
It is often thought that filing for personal bankruptcy will leave you homeless. Meanwhile, it is true that some or all of your possessions are seized by debtors. Most filers get to keep their homes. It depends if there is a second mortgage taken out, or the overall value of the home has decreased.
Make sure that you do everything in your power to avoid bankruptcy. Avoid financial disaster and make sure that you are not going to be embarrassed around friends and family, the next time they talk about their finances and credit history. Hopefully, this article has helped you out.
