Personal Bankruptcy: Is It The Right Choice For You?

It can be very hard to live with bankruptcy. It can seem like your financial options are limited. Despite a bankruptcy on your record and a dinged credit score, you can often still get loans if you need them.

It’s important that you understand what bankruptcy is and how it will change your life before you attempt to file a claim. The U.S. DoJ along with other private and nonprofit organizations all have insightful knowledge. The more you know about it, the better you are able to make the best decision for your situation and to make sure that the bankruptcy proceedings move forward with minimal setbacks.

When it gets time to think about bankruptcy, avoid using your retirement or savings to pay off the creditors or even make attempts to settle the debt. You should not use your retirement savings unless the situation calls for it. Of course you will have to touch some of your savings to get through all of the hearings, but do not put out any money that you do not have to by law.

Always be honest with the information you give about your finances. To avoid problems, penalties and future re-filing bans, resist the urge to hide documentation or assets.

Ask for a free consultation with your bankruptcy attorney and ask questions about experience and education. Most lawyers offer free consultations, so consult with a few before settling on one. Choose an attorney who is experienced, educated and well-versed in bankruptcy laws. After the consultation, you are not immediately required to come up with a decision. After your consultations, do some additional research on each attorney you consider qualified for the job.

Learn all the latest laws before you file bankruptcy. Laws are ever-evolving. You must stay current with bankruptcy laws if you want to be successful in your challenge. To learn how the law has changed recently, go online and check your state’s website, or call the state government and ask them.

Check into less drastic solutions prior to declaring bankruptcy. For instance, a consumer credit counseling program may be a better bet if your debts are relatively small. Some creditors will work with you to help you pay off your debt with lower interest rates, lower late fees, or an extended loan period.

Take steps to ensure your home is protected. Bankruptcy doesn’t always mean you’ll lose your home. Depending on if your home’s value has gone down or if it has a second mortgage, you might be able to keep it. Another option is the homestead exemption that has certain income and financial requirements, but may also allow you to keep your home.

Chapter 13

Consider if Chapter 13 bankruptcy is an option. If you owe an amount under $250,000 and have a consistent income source, Chapter 13 may be right for you. You can secure your home under Chapter 13 and pay your debts with a payment plan. Lasting anywhere from three to five years, this plan will allow you to be discharged from unsecured debt. Remember that if you fail to make any of the payments on time, the court may dismiss your case.

When you are looking at a Chapter 7 personal bankruptcy, you may well have debts to worry about for which you share responsibility with another person, such as a spouse, family member, or business partner. When filing Chapter 7, you are not legally responsible for the debts in your name. Although, your creditors may insist that the co-debtor pay off the entire debt.

Gain an understanding of bankruptcy law before you file. There are some clauses within bankruptcy that could cause you upsets. If the regulations are not followed, your case may be subject to a dismissal order. Take time to research things related to personal bankruptcy before you move forward. Doing this will make the process easier.

Know that ultimately, bankruptcy could get you a higher credit score than to keep making late payments or missing payments altogether. Bankruptcy stays on your credit for quite some time. On the other hand, you can begin improving your damaged credit immediately. A major benefit of the bankruptcy process is the ability to essentially start over.

Don’t wait until after filing for bankruptcy to become more responsible with your finances. Do not increase current debt or incur new debt prior to bankruptcy. Judges and creditors consider current history, as well as past history when adjudicating personal bankruptcy. You should demonstrate through your current behavior that you are actively changing your personal financial habits.

Even though you may have filed for bankruptcy, you hopefully realize that it does not doom your forever. Saving your money goes a long way to show your lenders concrete proof that you are serious about reestablishing your credit. You will receive more favorable treatment when you apply for a loan if you start saving now.

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