Once the province of the truly unfortunate, personal bankruptcy has become far more common in light of the financial meltdown of recent years. In order to understand the potential benefits and pitfalls of the bankruptcy process, knowledge is critical. Take the tips in this article to heart, and you will be on your way to building a sound financial future.
One of the best ways to learn more about the bankruptcy process is to hit the Internet and look up reputable bankruptcy websites. The United States Department of Justice and National Association for Consumer Bankruptcy Attorneys provide excellent information. As with everything in life, the more you know about filing a claim, the better off you’ll be. You can properly prepare when you know what you’re preparing for.
Once you have filed for bankruptcy, you will have to do your best to build your credit all over again. Do not be tempted to allow your credit account to have nothing on it, so it will appear to be fresh. This will send a bad signal to anyone who is looking at it.
Consider hiring an attorney who specializes in personal bankruptcy. Although most states allow you to file for bankruptcy without a lawyer, your case could be dismissed if you don’t fill out your paperwork correctly, and you may need to file additional motions to protect your property or discharge certain debts. A bankruptcy attorney can help ensure that you get the outcome you hope for when you file.
If filing bankruptcy is in your future, don’t waste any savings you may have attempting to pay off your debts. Leave your retirement accounts untouched unless there is absolutely no other alternative. You may need to use some of your savings; however, you should not use all of your savings. Remember that you must safeguard your future financial security.
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.
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.
You need to educate yourself on the differences between Chapter 7 and Chapter 13. If you file using Chapter 7 bankruptcy, you will get all your debts eliminated. Your ties with all creditors will get dissolved. A Chapter 13 filing involves a repayment plan, though. Typically, you will make a partial payment against your debts over the next 60 months before the balance of the debts is lifted. Both options have advantages and drawbacks, so do your research before deciding.
Bankruptcy laws vary from state to state. Play it safe and hire an attorney that works in your own state to be sure that the correct laws are followed. Some lawyers are better than others, so be sure to select one that is qualified to handle your case. It could make a big difference in how smoothly things go and the end result.
If you are sure that you are going to file for bankruptcy, you should stop making any payments towards debts, that will be discharged during the bankruptcy process. Since you will not be liable for these debts in the near future, it is of little benefit to you to keep making payments towards them. It would be more beneficial for you to save any spare cash, that you have for future needs.
For those who have never previously filed for personal bankruptcy or do not know anyone who has, the process itself may seem embarrassing, if not even shameful. However, bankruptcy filings have become quite commonplace, and pride alone should not cause the idea of filing to be disregarded by anyone who is on shaky financial ground. By using the advice contained in the above piece, it is possible to determine whether bankruptcy is a smart choice for you.
