The sheer volume of information available on the topic of personal bankruptcy can leave those contemplating filing a petition, feeling overwhelmed and without hope. However, by taking some time to separate relevant facts from unnecessary discussion, it is possible to gain a comprehensive understanding of how bankruptcy protection can help you. By using the tips and ideas in this article, you will have what it takes to proceed confidently toward a fresh financial start.
You should look into and understand which debts are eligible to be written-off under bankruptcy. There are certain loans, such as student loans, that do not qualify. By understanding which debts you can write-off, you can make a better decision when trying to figure out if bankruptcy is the right choice for you.
If you are considering using credit cards to pay your taxes and then file for bankruptcy, you may want to rethink that. In most states, this is not dischargeable debt. Therefore, you will end up owing the IRS a lot of money. If the tax can be discharged, so can the debt. Just because your credit card could be discharged in bankruptcy does not mean you should use it.
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.
Before resorting to bankruptcy, contact your creditors in a good-faith effort to renegotiate your payment terms, or interest rate. If you get in touch with them early enough, they may be willing to waive fees or negotiate a new payment schedule. If they are it means they are more likely to receive the money that you owe.
Make sure you have a solid understanding of which debts can be eliminated by bankruptcy, and which ones cannot. Debts like student loans, child support or alimony payments, and taxes, are generally not discharged through bankruptcy. Bankruptcy can help if your wages are being garnished or if you have large unsecured debts, like, credit cards and utility bills.
Do some research. There are two main types of personal bankruptcy – Chapter 7 and Chapter 13. Chapter 7 will eliminate the majority of your debt while Chapter 13 restructures it to give you time to pay it off. Each one has different rules on what assets you are allowed to keep. So, ask a lot of questions before you decide which one is the best fit for your situation.
Fight the temptation to rack up large credit card balances just before filing. The creditor will take a look at your account history. If they determine that you charged a lot before applying for bankruptcy, they can file a request with the court to hold you responsible for the amount that you charged.
Explore all of the options available to you before you file for bankruptcy. Filling for bankruptcy can have some serious future implications. For instance, getting a mortgage application approved when you have previously been bankrupt will be tough to say the least. Therefore, you should thoroughly investigate all of the alternatives to bankruptcy. Perhaps you could borrow money from a family member or consolidate some of your debts.
Protect your wages to live on. Bankruptcy is an important way to do just that. If you owe enough money that creditors are threatening to file lawsuits against you, it’s time to seek legal counsel. If a creditor sues you, they can obtain their money by garnishing your wages, taking a large chunk of change from your paychecks. This can put you in even more debt and make your situation worse. Filing bankruptcy will put a stop to any lawsuits and protect the money you need to survive. If the situation becomes dire, you can also ask for an emergency filing, so you don’t have to wait a couple of weeks for the attorney to compile all the information he or she needs.
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.
In recent years, the topic of personal bankruptcy has taken on increased significance, as a result of the financial crisis. An incredible amount of discussion and debate has centered around how, when and why an individual consumer might consider filing a bankruptcy petition. Investing the time necessary to sift through the noise and educate yourself about the process can be the smartest financial decision you can make. Apply the concepts in this article to your circumstances, and you may be able to begin anew with a clean financial slate.
