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What Should You Consider When Filing Bankruptcy?

2019-07-04 Finance No comment

If you want to file for bankruptcy, you may not know where to begin. And it is true, there is a lot of information out there and a lot of bankruptcy laws you need to comply with. Here are some essential tips for handling bankruptcy, so that you know what you’re getting into.

Don’t be afraid to apply for credit for purchases such as a new home or car just because you have a recently discharged bankruptcy. Many lenders will take your new financial situation into account. They may be more likely to loan money to someone who has no debt due to a bankruptcy than to the person with, say, 75,000 dollars in credit card debt. The fact that you have no monthly credit card payments can make you look like a better risk.

As bankruptcy appears on the horizon, don’t take your savings or retirement accounts to try to pay off all your bills. Retirement funds should be avoided at all costs. 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.

Watch your lawyer fill out your paperwork carefully. They, most likely, have multiple cases going on at the same time and may not be able to keep up with every detail of your case. Be sure to carefully read all of that paperwork, in order to make sure that everything is filled out correctly.

Do not wait too long to file. Ignoring the problem is not going to make it go away. Waiting until foreclosure or wage garnishments occur will make matters worse. The timing of the filing is going to be crucial to the success of the process. Contact an attorney as soon as you realize that you are in financial trouble.

Include all financial information when filing for bankruptcy. Things that may not seem significant to you may be very important. Include all assets like: vehicles, every cent of income, retirement account, stocks and anything else that has value. Furthermore, include any lawsuits that are pending against you or other parties.

Be safe and hire an attorney for help. There are many websites these days that claim to walk you through the process of filing bankruptcy on your own. It is cheaper than using an attorney to get you through this time, but it leaves a lot of room for error. This is not something that you want to take chances on.

Do some research. There are two main types of personal bankruptcy – Chapter 7 and Chapter 13. Chapter 7 will eliminate the majority of your debt while Chapter 13 restructures it to give you time to pay it off. Each one has different rules on what assets you are allowed to keep. So, ask a lot of questions before you decide which one is the best fit 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.

Talk to a credit counselor before deciding to file for bankruptcy. You have to attend an approved credit counseling session anyway in order to file, and a qualified counselor can help you evaluate your options and determine whether bankruptcy is in your best interest. Ask your credit counselor any questions you may have about what type of bankruptcy to file or its effects on your credit.

Explore all of the options available to you before you file for bankruptcy. Filling for bankruptcy can have some serious future implications. For instance, getting a mortgage application approved when you have previously been bankrupt will be tough to say the least. Therefore, you should thoroughly investigate all of the alternatives to bankruptcy. Perhaps you could borrow money from a family member or consolidate some of your debts.

Do not assume that declaring bankruptcy will leave you homeless, or without transportation. Depending on how your bankruptcy is set up, you may be able to stay in your home or keep your automobile, so long as you continue to make payments on your car loan or your mortgage.

Know the rights that you have as you file for bankruptcy. There are bill collectors who will claim that you cannot add your debts to your bankruptcy case. There are, indeed, some debts that cannot be bankrupted. Among them are student loans, child support and alimony payments. If you are unsure about specific types of debt, check the bankruptcy laws in your state or consult an attorney.

Protect your wages to live on. Bankruptcy is an important way to do just that. If you owe enough money that creditors are threatening to file lawsuits against you, it’s time to seek legal counsel. If a creditor sues you, they can obtain their money by garnishing your wages, taking a large chunk of change from your paychecks. This can put you in even more debt and make your situation worse. Filing bankruptcy will put a stop to any lawsuits and protect the money you need to survive. If the situation becomes dire, you can also ask for an emergency filing, so you don’t have to wait a couple of weeks for the attorney to compile all the information he or she needs.

If you are going through a divorce and your ex-spouse files for bankruptcy, there are debts that cannot be discharged. Child support, alimony, many property settlement obligations, restitution, and student loans, are all not allowed to be discharged in a bankruptcy from divorce. In very rare cases, some property settlement agreements are allowed to be discharged. Consult with an attorney to find out which ones can.

Having the right information is always the first step toward any decision, and bankruptcy is no different. Before making a decision on what you should do, take the time to learn all you can about it. Only then, can you feel confident about what you should do and how to proceed.

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