Unfortunately, the subject of bankruptcy is all too common these days. The general state of the economy is at least partially to blame. If you decide to file, it’s crucial that you are well educated on the subject of personal bankruptcy, so you are able to make proper choices. Find out more in this article.
Before you file for bankruptcy, carefully consider if it is the right option for you. Debt advisors are one of the many other avenues you can consider. Bankruptcy is a serious negative on your credit history so make sure you have no other options before you file. It is important to keep your credit history as positive as possible.
A key tip for those filing a personal bankruptcy petition is to always be completely honest in all documentation. Resisting the temptation to hide income or valuable assets from the bankruptcy trustee is a smart way to avoid potential complications, penalties, and the possibility of being barred from re-filing in the future.
Once you file for bankruptcy, you will have a hard time getting loans or credits. This being the case, look at secured card options. If you pay what you owe back promptly at all times, you can show that you are taking steps to be responsible about your payments and credit rating. After a while, you may be able to get unsecured credit again.
Instead of getting your lawyer from the yellow pages or on the Internet, try your hardest to find one with a personal recommendation. There are lots of unsavory companies and lawyers out there who prey on people who are in desperate straits. It is up to you to find someone that is trustworthy and can make the process go smoothly.
Be honest when filing for bankruptcy, because hiding liabilities or assets can only cause trouble to you. Whoever provides your legal consultation must be privy to all of your financial information. Be completely honest in your paperwork to avoid a situation that may end in severe punishment.
When a bankruptcy is imminent, retain a lawyer immediately. There are a lot of things to do during bankruptcy and that may be hard for you to understand on your own. Your lawyer will make sure that the filings are correct and help you navigate the complex process of filing for bankruptcy.
Chapter 7
You need to educate yourself on the differences between Chapter 7 and Chapter 13. Under Chapter 7 type bankruptcy, all debts are forgiven. This type of bankruptcy ends any relationship you might have with creditors. On the other hand, filing for bankruptcy under Chapter 13 means you will have 60 months to pay your debts back. It’s imperative that you know the differences among the various categories of bankruptcy so that you are able to choose the wisest one for you.
It’s a good idea to meet with a number of bankruptcy lawyers before settling upon one. The majority of them offer free initial consultations. Always ensure that the person you meet with is a real lawyer, not a legal assistant or paralegal. These people can’t give legal advice. Searching for the best lawyer will help you located the comfort you need during this time.
Talk with your lawyer about getting lower payments for any car you wish to keep. Most of the time Chapter 7 bankruptcy will allow your payments to be lowered. 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.
Before you file for bankruptcy, make sure you understand your rights. There are unscrupulous debt collectors who may suggest that your obligations cannot be included in a bankruptcy. There are very few debts, such as child support or student loan debt, that can’t be bankrupted. If these are not the categories in which your debts fall, double check to see if the type of debt can be bankrupted. If it can, be sure to file a complaint about the debt collector with the office of the state attorney general.
Do your homework so you thoroughly understand the laws pertaining to bankruptcy before you file. Did you know that in some areas, you cannot transfer assets from yourself to another person in the year previous to filing occurring? It is also against the law to max out your credit cards before filing for bankruptcy.
Think about other options before you file for bankruptcy. Credit counseling is an important option for you to pursue. Many different non-profit entities exist that can assist you without charging you any fees. They can help you to lower both your debts and interest owed to creditors. You can even pay your creditors through them.
You should keep in mind that in the long run, bankruptcy can have a more positive impact on your credit score than continually missing payments towards your debt. Though it will still mar your credit history for up to 10 years, the damage can be improved. In other words, bankruptcy can give you an opportunity to start over if handled correctly.
It is important to consult with an attorney who specializes in bankruptcy if you are headed toward bankruptcy. A reputable lawyer can explain the bankruptcy process and be your representative in court on your behalf. They can also help to unravel the complexities of the paperwork and give you any further information you need.
As said previously, bankruptcy is a popular topic due to the declining economy. To make sure the best decisions are being made in terms of bankruptcy, use this advice.