Drowning in debt can be overwhelming. It is possible for debt problems to escalate out of control, overnight. Unfortunately, once you’re in this situation, fixing it can be hard. This article can help you learn what to do when filing for bankruptcy when too much debt is hanging over your head.
Try going to a personally recommended bankruptcy lawyer instead of using a phone book or the Internet. There are way too many people ready to take advantage of financially-strapped individuals, so you must ascertain that your attorney can be trusted.
Be as honest as you possibly can when filing for bankruptcy; hiding liabilities or assets will only hurt you in the long run. It is important that you are completely transparent, showing everything financial that needs to be known. Bankruptcy can be a chance to simplify your finances, but any schemes you employ to conceal the truth can ruin that chance for you.
There are two types of personal bankruptcy: Chapter 7 and Chapter 13. Make sure you know what each entails so you can make the right choice. All debt will be eliminated with Chapter 7. This includes creditors and your relationship with them will become no longer existent. Filing Chapter 13 differs by requiring you to agree to a 60 month plan to repay your debts before they are totally eliminated. It is important that you understand the differences between the different types of bankruptcy, so that you can decide which option is best for you.
Chapter 13 Bankruptcy
Thing about filing a Chapter 13 bankruptcy. You are eligible to file Chapter 13 bankruptcy if your income is reliable and your unsecured debt does not exceed $250,000. When you file for Chapter 13, you can use the debt consolidation plan to repay your debts, while retaining your real estate and your personal property. Typically, this goes on for roughly three to five years, and once this time has expired, your unsecured debt is eliminated. However, if you miss even one payment, the court will dismiss your entire case.
If your paycheck is larger than your debts, avoid filing for bankruptcy. While bankruptcy may seem like an easy way out of having to pay back all of the debt that you owe, it is a stain that will remain on your credit report for seven to ten years.
There are circumstances where you are able to keep your car during a bankruptcy so be sure to ask your lawyer about possibly reducing the payments. Many times, payments can be lowered through Chapter 7 bankruptcy. The requirements are that your car purchase has to be greater than 910 days before filing, must have a loan that is high in interest, and must have a solid work history.
It is still possible to get a mortgage or car loan, even if you are filing for Chapter 13 bankruptcy. It’s a bit more difficult, though. You will need to go through various hoops in order to be approved for any new loan type. Present a planned budget that shows how you can take on the loan payment and stay current. Also, be sure you can provide an explanation as to why this purchase is necessary.
An understanding of your rights is important before filing for bankruptcy. There are bill collectors who will claim that you cannot add your debts to your bankruptcy case. Most states allow for the majority of debt to be included on a bankruptcy. If you are told by a debt collector that your debts are not dischargeable, make a record of your conversation and report the individual to the proper state authorities.
Do not put off filing for bankruptcy. Some people just ignore the trouble they are in financially and think it will go away later. This is not a good decision. It is very common for personal debts to snowball suddenly. When this happens, terrible consequences, such as wage garnishment and foreclosure result. Once you’ve decided that you can’t manage your large amount of debt, it’s time to contact a qualified attorney.
It is acceptable to find yourself overwhelmed and turn to bankruptcy to get out of trouble. Yet, you can take better control of your future and plan out how you are going to secure your finances, for life. Apply the advice from this article and you will be on your way to realizing financial freedom.
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