Debt has become a problem for many people facing this tough economy. They are harassed by collection agencies and creditors and cannot get their finances under control. If this description applies to you, you may wish to think about filing for personal bankruptcy. Continue reading to learn more about whether you need to file for bankruptcy or 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.
A useful tip for those thinking about using personal bankruptcy as a way out of their financial difficulties is to exercise great care when choosing an attorney. By selecting a practitioner who specializes in bankruptcy and who has handled a large number of such cases, it is possible to ensure the very best outcome and the greatest likelihood of forging a positive financial future.
Personal bankruptcy should be a last resort if you’re in insolvency. This is due to the fact that it will take years for the bankruptcy to work off your credit report and new law changes make it harder to escape paying the debts off. In other words, you could have bankruptcy on your credit report and still be paying off several of your debts.
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 sure to consider all of your options before filing for personal bankruptcy, as there may be some you haven’t considered. If you have a job that has slowed down due to the recession, such as construction, you may need to find a new job. This could help your situation until the economy picks back up.
If you are facing a necessary filing for bankruptcy, take a break from your troubles. After seeking reliable legal advice but before signing on the dotted line, give yourself a few days to think it all over, make sure you have disclosed everything and that you have selected the best options. Bankruptcy is permanent and you will live with consequences for a long time to come.
Knowing that you are required to disclose anything that you have sold, given away or transferred in the two years prior to filing can help you avoid a costly mistake. Full disclosure is required. Not disclosing everything can land you in jail or a discharge of your personal bankruptcy petition.
Do not jump the gun, and file for bankruptcy too early. Filing at the wrong time could leave you with more debt than you had before. It also means that you will not be able to file against those debts. All debt must be listed on your initial application for it to be included.
When meeting with a personal bankruptcy lawyer, be sure you have all of the necessary paperwork with you. This will make the whole filing process go much easier and quicker. Some of the paperwork you should have with you includes loan documents, credit card bills, and any other relevant financial documents.
See what your options are. Just because you stop receiving bills when you file for Chapter 7 bankruptcy, doesn’t mean you are off the hook for paying them. Although you don’t have to pay every bill if you cannot afford to, it is especially important to keep up with payments for any possessions you hope to keep, like your home and auto.
Know the bankruptcy code backwards and forwards before filing. For instance, you may not be aware that a filer is forbidden from transferring assets from his or her name for one full year before the petition is filed. It is also illegal for someone who files for bankruptcy to drastically increase their debts on credit cards immediately before filing.
Do not “play the system’ before filing bankruptcy. Do not go out and run up all of your credit cards, this does not look good to the judge working on your case, and it will not look good on your record. Once you decide to file, quit using your credit cards immediately.
Make sure that you get copies of all of your credit bureau reports, after you have gone through a bankruptcy to make sure that everything is reported correctly. After a bankruptcy, any debt that was a part of that should now be listed on your credit report, as being discharged.
This article should have made it clear that there is plenty of help out there for someone who wants to file for bankruptcy. By embarking on the process with sufficient knowledge and with the right frame of mind, it is possible to gain a fresh financial start.
