Anyone who files for bankruptcy has had feelings of stress and worry. That is usually due to lack of knowledge about what bankruptcy means and what the ramifications of bankruptcy are. Here are just a few of the things you should know about bankruptcy, so that you can remain calm and positive about your financial life.
After filing for bankruptcy, check your credit report to make sure that it was reported the way that it should have been. You want to make sure that any debts that were part of your bankruptcy are now labeled “BK” so creditors know you no longer owe that money.
Before undertaking the bankruptcy process, ensure you have made the correct decision. There are other options available, such as credit counseling for consumers. If you file for bankruptcy, a mark is permanently left on your credit. Therefore, before you do this, you should utilize all the other options that you have.
Remember that certain kinds of debt won’t be discharged even after you have filed for bankruptcy. If you have outstanding student loans, owe child or spousal support, a divorce settlement agreement, or unpaid taxes, you will still be liable for these debts. Also, if you forget to list certain debts on your court documents, you won’t be able to add them in the future.
Be fully educated about the rules of bankruptcy. If the courts were to find that you have disregarded any of the rules in place, your petition could be dismissed. Laws prohibit picking and choosing some debts to pay off prior to filing for bankruptcy. Family members cannot be paid off within one year of filing and creditors are limited to ninety days.
Consider filing Chapter 13 rather than Chapter 7, if you are facing foreclosure. A Chapter 13 bankruptcy allows you to create a restructured payment plan which includes your mortgage arrears. This will allow you to get your mortgage payments current, so that you won’t lose your home. Chapter 13 doesn’t require you to turn over property, so you don’t have to worry about the homestead exemption, either.
Bankruptcy laws vary from state to state. Play it safe and hire an attorney that works in your own state to be sure that the correct laws are followed. Some lawyers are better than others, so be sure to select one that is qualified to handle your case. It could make a big difference in how smoothly things go and the end result.
If you are unsure about the paperwork that you need to bring with you when you meet with an attorney, ask. Also, inquire as to whether the lawyer you are meeting with offers free consultations. You do not want to be surprised by a large fee just for them taking a look at your case.
It is important that you don’t let bankruptcy get you down in the dumps. Bankruptcy can be a challenging time in anyone’s life, but it is meant to give you a fresh start, enabling you to establish good credit and move toward a better future for you and your family. Remember, bankruptcy is your legal right, so don’t feel guilty or ashamed of taking advantage of it. If you do feel that you are suffering excess anxiety or depression over financial issues, counseling may help you to better deal with your emotions and concerns.
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.
Do not cosign on any type of loan during or after your bankruptcy. Because you cannot file for bankruptcy again for many years, you will be on the hook for the debt if the person for whom you are cosigning is unable to meet his or her financial obligation. You must do whatever you can to keep your record clean.
Before opting to file for personal bankruptcy, try to pay off all of your debts. Some creditors are more than willing to work with you and you should do so before deciding to file for bankruptcy. This way, you can avoid all of the problems that are associated with bankruptcy.
When you plan on filing for bankruptcy, you want to protect any assets you can legally protect. During the process, your creditors are likely to liquidate assets of yours whenever possible to fulfill your financial obligations to them. Some assets are untouchable though, so make sure you take the proper steps to protect them. Your retirement account and your home are both untouchable when it comes to liquidation.
After reading this article, you now have information that should make you feel more secure about the bankruptcy proceedings you may be experiencing. Knowledge can always shed a light on things, and bankruptcy can be easier dealt with, if you use the tips in this article to get through the process.
