Deciding If Personal Bankruptcy Is Right For You – Issues To Consider
There are several common misconceptions, which are associated with personal bankruptcy, including that those who file a claim are irresponsible and poor. Realize that you will not be left with nothing, and that you can spring back from this situation. Read this article for some tips on how to deal with personal bankruptcy.
Take some time each day to stop thinking about your bankruptcy. It can seem like a thought you cannot get out of your head, but it is important to step away from the situation before you become too upset. Not only that, but removing it from your thoughts allows you to bring a fresher, more optimistic perspective to the table when you take up the subject again.
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.
Find out the real reason you are filing for bankruptcy. What happened in your life that brought you to this place? What do you need to do to make sure that you can move on? What actions do you need to take before you can be sure that this will never happen again?
The two main kinds of bankruptcy are Chapter 7 and Chapter 13. Make sure you understand them so you know what is best for you. The Chapter 7 variety can help you eliminate your debts almost entirely. Any ties you have concerning creditors will definitely be dissolved. Chapter 13 bankruptcy allows for a five year repayment plan to eliminate all your debts. You must know about the different bankruptcy types, and how each can affect you.
If you have a credit card with your local credit union, it may be one that does not have to be given up due to bankruptcy. Check with your credit union to find out if the line of credit will continue after the bankruptcy is final. You still must be sure to include it on your application with your other debts.
When you are thinking about filing bankruptcy, always be honest about everything. Do not think that hiding assets or income will help your case for bankruptcy. It could turn out that the court may just dismiss your petition, and you will not be able to file again to have those debts listed.
Learn about adversarial proceeding. This is what results when you take out cash advances or make big ticket purchases on credit cards within ninety days of your filing date. You could very well be held responsible for the funds that have been withdrawn or purchases made once the bankruptcy is final.
A great way to reestablish your credit after you have filed for bankruptcy is to get a low-balance credit card. This way, you can make small purchases and be able to pay it off each month, making you look more responsible and raising your credit score. But, just make sure that you can pay off the amount every month.
When you file for bankruptcy, remember to include all credit and debit accounts. You should even include those credit cards that do not have a balance. Some people leave these out because they wish to keep these accounts open. In addition, you need to include all the information about any auto loans that you may have.
Banish the word “shame” from your vocabulary before you file for bankruptcy. The bankruptcy process makes people feel guilty and ashamed. These feelings can cause you to make rash decisions and cause psychological problems. A good way to deal with bankruptcy is to make sure that you keep a stiff upper lip.
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.
Take it one day at a time. It can be overwhelming to find all of your financial papers, put things in order and manage your feelings at the same time. Do what you can do and don’t give yourself additional stress. Take it easy on yourself, even if no one else seems to.
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.
Hire an attorney to help you through the complex process of filing. Not only can an attorney help you win your case, but an attorney will also be able to answer any questions or concerns you may have. The attorney will help you gather all of the information needed so you spend less time waiting as well.
Schedule a consultation with a personal bankruptcy attorney. Many attornies give free consultations. Usually, these meetings are enough to make you more comfortable with the process. Do not pay an attorney for the initial consultation. If an attorney will not give you a consultation without obtaining a fee, find one that will.
The best plan for dealing with bankruptcy is to avoid it in the first place. Probably the best way to prevent financial problems is to plan ahead and have adequate savings to fall back on. Most financial experts advise their clients to keep a savings account of at least three months income.
Chapter 7 Bankruptcy
Find out what the homestead exemption limit is in your state before filing for Chapter 7 bankruptcy. If you have too much equity in your home to qualify for the exemption, you could lose your house in the bankruptcy. You can’t change your mind once you’ve begun the process, so make sure you will be able to keep your home before you file.
If you have filed for Chapter 13 bankruptcy, but realize that you are unable to meet your payment obligations, you may be able to convert to a Chapter 7 bankruptcy instead. To qualify for the conversion, you must never have converted your bankruptcy before and also undergo a financial evaluation. The laws surrounding this process are always changing, so be sure to talk with an attorney who can help you navigate this process.
Do some research to find out more about Chapter 13 and Chapter 7. The Chapter 7 variety can help you eliminate your debts almost entirely. Any ties you have concerning creditors will definitely be dissolved. Chapter 13, on the other hand, involves a five year payment period before any remaining debts are cancelled. You need to be aware of the pros and cons of each type of bankruptcy so you can correctly select the best choice for your situation.
Think carefully before filing Chapter 7 bankruptcy. While Chapter 7 bankruptcy (irreversible insolvency) will effectively get rid of all your debts, allowing you to start afresh, it will also be on your credit report for 10 years. This will greatly reduce your chances of getting any type of credit in the future. Consult with a bankruptcy attorney – he or she may be able to suggest a different form of debt relief that won’t have such a damaging effect on your credit.
Become knowledgeable in regards to details about chapter seven bankruptcy vs. chapter 13 bankruptcy. Investigate the benefits and pitfalls of both. Online resources may be able to provide all the information you need. If you’re really not sure how this all works after your research, meet with your lawyer and ask them prior to making a decision.
If keeping your vehicle is of great concern, ask your lawyer if you can secure a payment modification. In many cases, you can reduce your payment by filing a Chapter 7 petition. But, your car has to have been bought at least 910 days before you file. Also, it must come from a high interest loan and you have to have been consistently working.
See what your options are. Just because you stop receiving bills when you file for Chapter 7 bankruptcy, doesn’t mean you are off the hook for paying them. Although you don’t have to pay every bill if you cannot afford to, it is especially important to keep up with payments for any possessions you hope to keep, like your home and auto.
Clean up your credit record after ten years. When you file Chapter 7 bankruptcy, it remains on your credit report for ten years. However, the credit bureaus are not required to remove the information. In order to get rid of the bankruptcy record, write a letter to the credit reporting agencies, along with a copy of your discharge notice. Follow this up with a phone call to make sure that they have removed the bankruptcy record.
If you are unable to get a homestead exemption when filing for Chapter 7, you might consider filing for Chapter 13 bankruptcy to cover your mortgage. If you will be losing your home in the bankruptcy, talk to your lawyer about whether you should file for Chapter 13 instead of Chapter 7.
Chapter 7 filings do not necessarily erase all of your debt. Some debts require you to reaffirm them by signing a new repayment agreement, while some others are very rarely dischargeable at all. For instance, court-sanctioned fines cannot be discharged under Chapter 7. The same goes for child support and alimony payments.
Last year, those who filed for bankruptcy made $60,000 a year on average. Do not feel like you are completely irresponsible or poor just because you file a claim. Stay informed and speak with a lawyer throughout the entire process. Remember the tips in this article, so that you can come out of the situation, as unscathed as possible.
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