You are not alone if you have become a victim of debt. They are hounded by creditors and collection agencies, and their bills show no sign of slowing down. If you are experiencing overwhelming stress due to your financial situation, you might want to think about filing personal bankruptcy. Continue reading this article to find out if bankruptcy is something you need to consider.
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.
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.
Know the difference between Chapters 7 and 13 bankruptcies. Chapter 7 will wipe your debts clean, meaning you will not owe what you file against. Chapter 13 requires you to agree to repay your debts. These debts need to be repaid within three to five years of the filing date.
Since filing for bankruptcy is quite a complicated process, it is recommended that you find yourself a lawyer that specializes in bankruptcy. There is usually some sort of a fee associated with hiring one though. However, if you can not afford one, you should still look into one since there are organizations that could help you out with the cost of one.
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.
It is imperative that you know for sure that bankruptcy is the option you need. Sometimes consolidating your existing debts can make them more manageable. Declaring bankruptcy is a very involved process that can cause a good deal of anxiety. Credit will be much harder for you to come by after you file for bankruptcy. Thus, you must make certain that bankruptcy really is the only viable solution to your problems.
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.
Before you file, make sure you understand the laws as much as possible. For instance, for 365 days before filing, no one is able to receive assets from the filer. It is also against the law to max out your credit cards before filing for 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.
Keep in mind that, currently, student loans cannot be discharged when filing for bankruptcy. There is a process by which student loans could be considered dischargeable, but it is costly, difficult, and rarely successful. However, student loans in bankruptcy have been a topic discussed by Congress in recent years, so keep up with new bankruptcy laws to find out if any changes have been made.
Be completely up front and honest about your situation and assets to avoid courts from dismissing your case. If the court catches you deliberately hiding assets or income, it can bar you from filing and even refilling for bankruptcy on debts that you have listed within the petition. This makes it impossible to remove debts.
You will most likely need to consult with a lawyer who specializes in the field of bankruptcy prior to filing. Be diligent in your research before you hire someone to represent you. Check all public records available on your attorney and make sure he or she is properly licensed and has excellent references. You should visit with several lawyers and examine what payment structures they offer based on what type of results. You should not hire anyone who makes you feel uncomfortable with them.
If you have reached a point where you are forced to file bankruptcy, you can now understand that many resources are available to help you. Don’t let the situation overwhelm you. Look at bankruptcy as a way to begin again.
