Personal bankruptcy is a big step for many people, and it is a legitimate tool that helps people get out from under a mountain of debt. Many borrowers successfully build their credit after filing bankruptcy, and continue on with success in their financial lives. Read on to find out more about personal bankruptcy, and what it means to you financially.
A huge mistake people make before filing for bankruptcy is maxing out their credit cards. This can lead to disaster when you file and the credit card companies might not discharge the debt. If you can, you need to stop using your credit cards at least six months before you file, and ideally for a year prior. Also, do your best to pay the minimum payments on these cards for at least six months before you file.
Be extra vigilant about your spending habits until your hearing. Judges take a look at your entire financial picture. They even look at the things you are doing right now, to see if you are trying to take advantage of the system. Show that you are now on the right track financially.
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.
Be prepared to complete some mandatory courses. When you file for bankruptcy, the court will require that you successfully complete two mandatory courses, a credit counseling course and a debtor education course. Both of these courses can be completed online for a nominal fee, and while they are not too difficult, it is important that you are prepared for them.
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.
Consider Chapter 13 bankruptcy. With a regular income and unsecured debt below $250,000, Chapter 13 is probably best for you. Filing a Chapter 13 will let you keep personal items and real estate while you pay down your debt in a consolidation plan. Generally, this stays in effect for up to 5 years. Afterwards, your unsecured debts clear from your accounts. Bear in mind that if you miss a single payment that is due under your plan, the entire case will be dismissed by the Court.
Look for a bankruptcy attorney that belongs to the NACBA (The National Association of Consumer Bankruptcy Attorneys). When you are filing for bankruptcy, it is essential that you hire the services of an experienced and reputable bankruptcy attorney. Attorneys that are members of the NACBA, are also, members of a well-respected consumer bankruptcy organization, so you can be sure that you will be getting the best legal advice available.
Do not assume that declaring bankruptcy will leave you homeless, or without transportation. Depending on how your bankruptcy is set up, you may be able to stay in your home or keep your automobile, so long as you continue to make payments on your car loan or your mortgage.
Never wait until the very end to act on personal bankruptcy. If you are like many people, it’s very hard to face financial troubles. It’s much easier to ignore them completely. But by doing so, you may create even more problems for yourself. Options that would have been open to you may now be closed. Reach out to a professional, as soon as, you know you need help.
In your personal bankruptcy documentation, don’t forget to account for all debts, loans, and credit cards. Even if there is no debt on a credit card, list the credit card on your statement. Quite a few people overlook these items when filing, and they can lead to delays in the process.
Filing personal bankruptcy can provide you with a safe haven from creditors and bill collectors. Navigating your way through bankruptcy to a debt-free life can help get you on the road to a more positive financial future. Personal bankruptcy is not for everyone, but it is worth investigating to see if it makes sense for you.
