The specter of bankruptcy can cause many individuals to break out in a cold sweat. Growing debt loads combined with continuous family obligations can cause an incredible financial strain. If you are in a situation that may require a bankruptcy filing, don’t let fear overcome you. Read this article and learn valuable tips and advice to make this scary situation much more manageable.
Think twice if you have struck upon the idea of paying off your taxes by credit card and subsequently filing for personal bankruptcy. Most places will not consider the debt dischargeable, meaning you will have to pay the IRS a lot of money. Keep in mind that if the tax debt is eligible to be discharged, then the credit card debt is also dischargeable. So using your credit card to pay off your tax obligations, then filing for bankruptcy, can actually hurt you instead of help you.
If you are planning to file for bankruptcy, you do not need to lose your home, car or other items that you have loans for. If you wish to keep them, however, you must make the payments on a timely basis in order to avoid repossession. If the payments are too much to handle, your bankruptcy attorney may be able to arrange for an evaluation of your loan and negotiate a lower monthly payment. In the case of a home, you may look into a loan modification or refinance to reduce your payment amount.
Remember to understand the differences between Chapter 7 bankruptcy and Chapter 13 bankruptcy. Chapter 7 bankruptcy completely wipes out your debt. Your responsibilities to your creditors will be satisfied. Chapter 13 bankruptcy allows for a five year repayment plan to eliminate all your debts. You must know about the different bankruptcy types, and how each can affect you.
Before you make a final decision to file for bankruptcy, look into all the options that are available to help your financial situation. If you are buried under credit card debt, it can help to check out a debt-consolidation, or home-equity loan if you qualify. You can also try negotiating smaller payments on your debt until, your finances are better in control. Bankruptcy is always an option, but if you can alleviate your problems in another way, you will be able to avoid a major hit to your credit history.
If you are planning to file for bankruptcy, be certain not to transfer any of your belongings or valuables to another person. This includes taking your name off of joint bank accounts or other financial assets. The court will be looking for anything of value in order to repay creditors, and you will be asked under oath whether you have left anything out. If you do not tell the truth, you may be charged with perjury and could possibly spend time in jail. Remember, honesty is the best policy.
Once you determined that you want to file for bankruptcy, it is important that you figure out which kind is best for you to file. For instance, with Chapter 7 most of your debts will be relieved, and you can keep certain aspects. With Chapter 13 your debt gets reconstructed, and you are given a certain amount of time to pay it off.
Talk to a credit counselor before deciding to file for bankruptcy. You have to attend an approved credit counseling session anyway in order to file, and a qualified counselor can help you evaluate your options and determine whether bankruptcy is in your best interest. Ask your credit counselor any questions you may have about what type of bankruptcy to file or its effects on your credit.
Start taking calls from bill collectors. You may have been avoiding calls from bill collectors, but if you are filing bankruptcy you may need to speak to them. You need to have all of your debts laid out so that your lawyer can get to work involving them in your case. If you don’t include a debt, it will not be discharged, and you will still have to pay it.
Don’t repay personal debt to friends and family before filing for bankruptcy. Although you may feel obligated to pay these people back first, it is not a wise decision. Because you must reveal this information when you file for bankruptcy, the trustee can legally ask for this money back or sue for it.
Be aware that there are two kinds of bankruptcy. There is Chapter 7, and Chapter 13. Chapter 7 can keep the filer from paying debts entirely. This option is generally for those that have debts so high or income that is so low that, they cannot afford a payment plan. Chapter 13 lets the filer get a payment plan so that they can repay all, or parts of their debt between three and five years.
Bankruptcy can be quite frightening, so it is understandable that many people are afraid of it! You might have been worried about it before, but this article can put those fears to rest. Start making use of this bankruptcy advice right now and give your financial life a fresh new start.
