Many people think that filing for personal bankruptcy is very complicated and difficult, but you can find many books and other resources to help you navigate through the process. Filing bankruptcy is a big decision, and before you make up your mind, read the tips below to see if bankruptcy is right for you.
Laws regarding bankruptcy vary by state, so you need to find a lawyer that can walk you through the entire process and help keep your rights protected. In several cases, you can keep your car and your home, but it’s your attorney that will tell you what rights you have, what you can keep, and what you will need to surrender.
Always be honest and forthright when it comes to your bankruptcy petition. Not only is hiding income and assets wrong, it is also a crime.
Before you decide to file bankruptcy proceedings, determine which assets will be safe. Check the bankruptcy laws in your state to find out if certain items are excluded from your bankruptcy filing. You need to compare this list to the assets you own so that you are not surprised when certain assets are seized. It is important to know what types of possessions may be taken away before they actually are seized.
When it comes time for you to hire an attorney to deal with your bankruptcy, be sure to find one that has a ton of experience with personal bankruptcy. Learn about the charges you will have to pay, and how many of their associates will be working on your case.
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.
Consider seeking advice in an online forum before you make any permanent decisions regarding personal bankruptcy. From there, you will see many people who long ago went through what you are now facing. It can give you a great perspective to help avoid making their same mistakes, and learning their lessons without first suffering those consequences.
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.
It is important to protect your home when filing bankruptcy. It isn’t inevitable that you will lose your house when you file for bankruptcy. Depending on certain conditions, you may very well end up being able to keep your home. Check to see if you pass the requirements necessary to file for a homestead exemption.
Meet with many different attorneys before making any decision on one. To do this, you must start looking well in advance of when you need to file. If you wait until the last minute, you will not have the time to find an attorney that will give you good advice, and one that is easy to work with.
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.
Your trustee may be able to help you secure an auto loan or get a mortgage even though you have filed Chapter 13. However, it can be more difficult. Your trustee must approve any new loans. You will need to come up with a budget and show that this new loan payment schedule is doable. Be ready to justify the purchase that you need the loan for, too.
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.
You may know someone who has filed for bankruptcy, and have seen that the process is detailed and complex. The information in this article has, hopefully, shed more light on the process of personal bankruptcy, so that you can make an informed decision about whether bankruptcy is the solution to your financial woes.
