Bankruptcy can be such a negative experience, but with proper guidance and the right sources of information, it can be a positive solution to an otherwise, unbearable situation. If you are looking at bankruptcy, consider the advice of the following article. It should guide you through the process and see you through it, unscathed.
Many people do not know that student loans are not dischargeable debt under bankruptcy laws. Do not go into your bankruptcy thinking that your student loans will be discharged, because only in cases of extreme hardship are they considered. If the job you received from pursuing your degree will never allow you to pay off your debt, you may have a chance, but it is highly unlikely.
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.
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.
After your bankruptcy is finalized, you should begin re-building your credit by, obtaining copies of your credit reports. Your reports may show that you filed for bankruptcy, but it can take a lot of time for the credit bureaus to remove the original debt from your credit history. Check your reports over thoroughly, if there is debt showing that was discharged in a bankruptcy, you can contact the credit bureaus online, or in writing and request that the information be deleted.
An important tip regarding personal bankruptcy is, gaining an understanding of what sorts of debts can, and cannot be included in a discharge. By realizing that some obligations are not considered dischargeable under the bankruptcy code, it is possible to make a wiser, more informed choice when it comes to making the decision to file a petition.
Educate yourself about the bankruptcy process. You can increase your knowledge of the bankruptcy process by conversing with a bankruptcy attorney or by carrying out independent research on the internet. Whichever method you chose to increase your knowledge of the bankruptcy process, it is vital that you comprehend how filing for bankruptcy will affect yourself, your family and your creditors.
Do not feel embarrassed or guilty about filling for bankruptcy. Many people fear that they will be treated as second class citizens after they declare themselves bankrupt. However, this is not the case. The option to ‘declare yourself bankrupt’ was developed by the government to enable assistance to be given to people who find themselves overwhelmed with debt and in need of a fresh start. Last year, over 1.4 million people filed bankruptcy and the majority of them are now living a happy, debt-free life. So, there is no need for you to be afraid of bankruptcy stigma.
Many bankruptcy lawyers offer free consultations, so go to several before choosing one. Just be sure that the person you speak with really is the lawyer, rather than a paralegal, since they cannot legally give advice. Shopping around for a lawyer can help you find someone with whom you feel comfortable.
Do not neglect your health. During the bankruptcy process, it can often feel like you are losing everything and many people see no reason to continue looking after their body and mind. While it is true that, during the process, you might lose your home, your car and the family jewels, you need to remember that neither your creditors nor a bankruptcy judge can take away your health.
When filing for personal bankruptcy, be honest about the state of your finances in your documents. It isn’t a help to you at all to hide assets or additional income. In fact, doing so could lead to your bankruptcy petition being dismissed and you having to refile again. This is wasted time you may not have.
If you are in a financial position where declaring bankruptcy is imminent, never put off declaring. When you wait, your financial situation is likely to continue to deteriorate and prove even more devastating. For this reason, when the financial hole that you have dug is too deep, it is smart to file sooner, rather than later.
Pay your child support. No matter what state you live in, child support is not dischargeable in a bankruptcy. The welfare of children is always going to be of primary importance in any legal system and will never be discharged in a bankruptcy. Although child support is not allowed to be discharged, by filing bankruptcy, you should have additional cash available from debts that were eliminated to then make your child support payments.
Prepare for your bankruptcy by identifying all the creditors, to which you have financial obligations you cannot pay. Included in the list for each creditor, you want to list your account number, and each creditor’s address. It is vitally important that this information is accurate. Without supporting documentation or accurate info, a certain debt may not get discharged during the bankruptcy process, leaving you holding the bag for any of those debts.
Get a secured credit card after filing for Chapter 7 bankruptcy. A secured card requires you to put down money in order to open the account. However, if you use the card responsibly and pay it off every month, you can raise your credit score. So, within a few years of filing, your credit will be good enough to get you into an apartment or allow you to purchase a new vehicle.
Facing bankruptcy is hard enough in and of itself, therefore, you don’t need to go through the process blind and be subject to misguidance and further hardship. We hope this article has shed some light on the better ways of filing, the right people to turn to, and the best solutions for your personal circumstances.