Financial difficulties, such as, high credit card debts, a job loss, illness or other expenses can put a family into a deep financial hole that they cannot climb out of. Personal bankruptcy, while not always the best solution, does offer a way out for some people. Continue reading for some tips on personal bankruptcy and whether it makes sense for you.
Make certain that you comprehend everything regarding personal bankruptcy by studying online. The United States DOJ, along with a number of other bankruptcy institutes and attorneys specializing in bankruptcy can give you invaluable information. By having more knowledge, you can make the right decision, as well as be sure you are ensuring that your personal bankruptcy case goes smoothly.
If you are planning to file for bankruptcy, you do not need to lose your home, car or other items that you have loans for. If you wish to keep them, however, you must make the payments on a timely basis in order to avoid repossession. If the payments are too much to handle, your bankruptcy attorney may be able to arrange for an evaluation of your loan and negotiate a lower monthly payment. In the case of a home, you may look into a loan modification or refinance to reduce your payment amount.
Don’t charge up your credit cards knowing you are going to file bankruptcy, if you have already started the process or made recent purchases for luxury items. While this type of purchasing is still part of your “debt,’ it is likely that you’ll still be responsible for repaying the money for those items. In most cases, what you are attempting to do is obvious.
Be persistent in researching information about filing for bankruptcy and consult a qualified personal bankruptcy attorney. Filing for bankruptcy may allow you to get back property, such as an auto, jewelry, or electronics, that you may have had repossessed. If the items were repossessed less than three months prior to your filing date, you may be able to recover them. Consult with a lawyer that can walk you through the filing process.
Prescreen any bankruptcy lawyer before hiring one. Because bankruptcy is an every-growing area of law that attracts new lawyers all the time, you are likely to encounter many new lawyers who do not have much experience. You can check any bankruptcy lawyer’s credentials online and see if they have any disciplinary actions on their record for improper filings or practices. You are also likely to find client ratings. In the matter of choosing a lawyer, one with experience and a positive record is always best.
Know what debts can be forgiven. You may hear that you have to pay a certain debt, and that it cannot be discharged, but that information will usually be coming from a bill collector. Student loans and child support and a few other debts cannot be discharged, but most others can.
Evaluate your consultation with any lawyer by the way he or she handled the consult. Consider the length of your consult. If it lasted less than 15 minutes or it was with an assistant rather than an actual lawyer conducting the consult, this could signal that lawyer is probably not the best choice. You want someone that takes the time to handle your case personally, and you want to get your money’s worth. You should also shy away from those lawyers who pressure you with phone calls or try convincing you immediately after a consultation by getting pushy.
Most bankruptcy lawyers give free consultation, so try to meet with these types of lawyers before deciding on hiring one. Make sure that you meet with an actual lawyer and not an assistant or paralegal, as these people are not allowed to provide legal advice. Comparing different lawyers makes it possible to find one with whom you work well.
If you have financial issues due to something like a drinking, drug, or gambling problem, get help instead of immediately filing for bankruptcy. You will continue to have financial issues if you have serious problems with, spending lots of money on these items. Try getting into counseling as soon as you can, to better your situation.
Once you have filed for bankruptcy, do not discontinue payment on secured loans. These loans are the ones for your car or your home. Even if you are not receiving paper bills or statements on these accounts, make the regular payment on time, each month. These are likely the possessions you do not want included from the bankruptcy.
As you can probably see, personal bankruptcy is an involved process that requires you to disclose a large amount of personal information. There are many alternatives to filing for bankruptcy. A clear assessment of your financial situation can help you make the best decision regarding personal bankruptcy and whether it is the right choice for you.
