If you’re in financial trouble, and you see no other way out, you may be considering personal bankruptcy. Personal bankruptcy exists so that you can get a fresh start should you ever need one. This article has some great tips and advice on the subject of personal bankruptcy.
Do not get an attorney for your bankruptcy when you are feeling overwhelmed. You have got to be levelheaded when you hire a lawyer. After all, you will be expected to pay him/her for services. Find out upfront what you will have to pay any lawyer before you hire one.
Honesty may never have been as important as it will be when going through personal bankruptcy. Hiding income or assets may result in a dismissal from the court. It could also mean that you will be barred from ever having the opportunity to file for bankruptcy any time in the future.
Before you consider filing for bankruptcy, you should make a pre-determination if bankruptcy may be the right choice. First, make a list of all income, including, salary, child support, alimony, rent and any other sources you may have. Then, make a list of your bills. These would include mortgage, rent, car payments, monthly credit card payments, groceries and gas. If your monthly bill total is more than the income you bring in, it may be time to seek the advice of a bankruptcy attorney, who can help you make the final decision.
Talk to other professionals before talking to a bankruptcy lawyer. Talk to financial advisers and credit counselors to see if bankruptcy is, in fact, your best option. A bankruptcy lawyer has a conflict of interest, so they are less likely to dissuade you from filing for bankruptcy. Finding an impartial, knowledgeable thirty party will give you the complete picture.
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.
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.
Before going through the Chapter 7 filing process, ensure that your co-debtors are abreast of any implications relating to this process. You will be freed of responsibility for debts that you share if you make a successful Chapter 7 filing. However, creditors can demand co-debtors pay the amount in full.
When filing for personal bankruptcy you should always be aware of your rights. Some bill collectors will tell you that your debts can’t be bankrupted. Only a few debts, including child support and tax liens, are ineligible for bankruptcy. If you are told by a debt collector that your debts are not dischargeable, make a record of your conversation and report the individual to the proper state authorities.
A great way to reestablish your credit after you have filed for bankruptcy is to get a low-balance credit card. This way, you can make small purchases and be able to pay it off each month, making you look more responsible and raising your credit score. But, just make sure that you can pay off the amount every month.
Shop around for a bankruptcy lawyer. Make use of free consultations, if a law firm offers them. Be sure to check out the attorney’s track record. For other kinds of bankruptcy advisers, do the same and be sure they’re licensed if your state requires it. Don’t ever pay debt negotiation firms any cash up-front and be sure you can pay based on the result. Don’t hire someone who doesn’t have good references or makes you feel uncomfortable.
Now that you’ve come to the end of this article, you can see that filing bankruptcy is not so scary, as long as you know what you’re doing. Apply what you’ve learned here, and you’ll be in control of your finances once again. Enjoy the fresh start that you deserve.
