Bankruptcy is a huge financial decision and should not be lightly considered. Keep reading the ideas in the piece that follows in order to understand what you can expect and what ought to go into making such a major decision. Research the topic extensively in advance.
Most people end up filing for personal bankruptcy because they owe more than they make. If you’re in this situation, learn about the laws where you live. Bankruptcy rules vary by jurisdiction. In some areas, your residence may be completely exempt, but in others, it will not be. Do not file before learning about the bankruptcy laws in your state.
If you are faced with the choice of filing for bankruptcy or using your emergency fund or retirement accounts to pay creditors, opt to file for bankruptcy. You should always keep money saved for worse times. You may need to tap your savings, but don’t empty your savings account, as this could leave you in a difficult situation down the road.
Prior to filing your bankruptcy petition, go over the list of assets that cannot be seized by creditors. Check the bankruptcy laws in your state to find out if certain items are excluded from your bankruptcy filing. Make sure that you review this list before you decide to file, to see if you can hang on to your most important possessions. If you don’t read it, you could have nasty surprises pop up later due to your prized possessions being seized.
Check into less drastic solutions prior to declaring bankruptcy. For example, consumer credit counseling programs can help you by renegotiating your debts with your creditors into payments that you can afford. Sometimes you can negotiate a reduced payment, though you must strive to get it all in writing.
Your most important concern is to protect your home. Filing for bankruptcy does not mean you have to lose your home. There are mitigating factors, such as lose of value, or multiple mortgages. You could also check out the homestead exemption. This lets you continue living in your house, depending on whether you meet certain financial requirements.
Learn about teh differences between Chapter 13 and Chapter 7 bankruptcy. There is a wealth of information online about each type of bankruptcy and their respective pluses and minuses. If there is anything that you don’t understand, go over it with your lawyer so that you can make the best decision.
Don’t file for bankruptcy if it is not completely necessary. Sometimes consolidating your existing debts can make them more manageable. Bankruptcy is not a simple, breezy course of action that should be taken lightly. In addition to the stress associated with bankruptcy, you will also have to deal with severely restricted credit in the future. Personal bankruptcy should be undertaken as a last resort when no other workable options are available to you.
Bankruptcy should not be filed by anyone who makes more than their bills cost. While filing may seem simple and a way to get out of paying your debts, it does tremendous amounts of long-term harm to your credit report.
When filing for personal bankruptcy you should always be aware of your rights. Bill collectors will lie to you and say you can’t have their bill discharged. There are few debts that can’t be discharged. If you are speaking to debt collectors about another type of debt and they tell you it cannot be discharged, check your local regulations. You can report the collectors to your state attorney general if they are lying about this.
Bankruptcy is a challenging time and can create a huge amount of mental and emotional stress. To help yourself deal with this stressful situation, make sure you hire a legitimate attorney. Don’t let cost be the sole factor in who you hire. The cheapest attorney may not be the best, but the most expensive may not be the best either. Make sure people who have experienced bankruptcy give your referrals. If you wish, you can attend a bankruptcy hearing and witness your attorney in action.
Create a list of all of your finances before filing for bankruptcy. If you do not complete your financial profile your case could be delayed or dismissed. Add every summer, no matter how insignificant, to your documentation. This may include secondary employments, vehicles you own and loans you still owe money on.
Bankruptcy Filing
Exercise some caution in repaying your debts when you know a bankruptcy filing in your future. Bankruptcy rules generally outlaw repayment of creditors in the 90 days leading up to a bankruptcy filing, a period that is extended to one year when it comes to payments made to family members. Find out more about legal requirements before making your decision.
Before you decide to file a bankruptcy claim, you need to first come to realization that it’s time to start living a more financially responsible life. Avoid running up current debts or taking on new debt just before filing for bankruptcy. When creditors and the judge are deciding on your case, they will consider your current credit history as well as your past credit mistakes. Your current spending behavior should show that you are making a real effort to modify your financial habits.
As you’ve read, bankruptcy isn’t as simple as it might sound. When you file for bankruptcy, things must be done the right way. By following the suggestions above, you can make sure that you have addressed all of the important items that you need to take care of during your bankruptcy.