Do not approach personal bankruptcy in a capricious manner. You need to be as well-informed as possible when you make bankruptcy decisions. Use the tips written in this guide to help you go in the proper direction. No matter which decision you make, knowledge is essential.
Many people find that they must file for bankruptcy protection because they have more debt than they can afford to repay. If you’re in this position, it is a good thing to familiarize yourself with the laws that apply in your area. Bankruptcy laws vary from state to state. For instance, some states protect you from losing your home in a bankruptcy, but others do not. It is best to become familiar with your state’s laws regarding bankruptcy before you take the steps to file.
If you are considering paying your taxes with credit cards and turning around and filing bankruptcy–they are on to you. In some places the debt can not be discharged, and you may still need to pay the IRS afterward. Generally speaking, debt incurred to pay taxes and the tax bills themselves are treated the same in a bankruptcy. There isn’t any reason to use a credit card to pay the tax bill since the bill can be discharged anyway.
Don’t avoid telling your lawyer specific details with your case. Don’t just assume they already know and that they have these important details committed to memory or written down. Remember that you’re the boss. You’re paying your lawyer, so you should not be afraid to have your say. After all, the quality of your life hangs in the balance.
If you aren’t totally honest about your assets when filing a bankruptcy petition, you could get into serious trouble. Whoever provides your legal consultation must be privy to all of your financial information. Being honest is both the right thing to do and, moreover, it is required by law.
Don’t pay for the consultation with a lawyer who practices bankruptcy law; ask a lot of questions. Almost all lawyers will give a free consultation, so meet with more than one before making a decision on whom to hire. Therefore consult with different lawyers and get a feel for them, then decide which one suits your needs It’s isn’t necessary to make a choice right away. This will give you extra time to interview several attorneys.
Seek a less serious option prior to filing for bankruptcy. There are numerous programs out there that may assist you with your debt, like a credit counseling program, a nonprofit group, government assistance, etc. Negotiating with creditors is another option, but creditors are notorious for “forgetting” these agreements, so get them in writing!
Chapter 13
Consider filing using chapter 13 bankruptcy. You are probably eligible for Chapter 13 if your income is consistent and your unsecured debt is under $250,000. This will allow you to keep your personal property and real estate and repay your debts via a debt consolidation plan. The plan is usually for a term of three to five years, and a discharge will be granted at the end of that term. Remember that you must make every payment. Missing even one could cause the court to dismiss your case.
While going through this process, spend more time with friends and family. Bankruptcy can take a toll on you. It is often overwhelming, and not quick. Some people may feel embarrassed or feel their self-esteem has taken a beating from it. There are a number of people who wish to go into seclusion while undergoing the process of personal bankruptcy. However, becoming a hermit will only increase feelings of self-doubt and could make you depressed. Make it a point to catch yourself if you feel yourself pulling away from others. Tell others that you would like to do some enjoyable things together while you go through bankruptcy process, then do it.
Bankruptcy should not be put off until the very last second. It is a mistake to ignore your financial troubles, hoping they will go away on their own. Personal debts can spiral out of control very quickly, and if you don’t take care of them, you may find yourself facing foreclosure or wage garnishment. As soon as you find yourself experiencing financial problems, take action and discuss your options with a bankruptcy attorney.
Be certain you are totally aware of the laws of bankruptcy before you file. For example, it is against the law to transfer any assets from the filer to another for a year before filing. Additionally, it is against the law for any filer to boost up the debt amount they carry on any credit cards just before filing.
You can easily see that there are multiple ways to handle personal bankruptcy. These different choices can be intimidating, but they really aren’t once you get a handle on them. Think about the tips included above. The more level-headed you can remain throughout this process, the better the choice will be that you make.