Filing for personal bankruptcy is quite a complicated process. Because of the various types of claims out there, and also the different ways in which you can approach filing, your particular situation will be personal to you. You should learn as much as possible about personal bankruptcy if you are trying to make a decision to file or not. This article is a great place to start learning this information.
Exhaust every other option before making the decision to file for personal bankruptcy. Avail yourself of other options, including consumer credit counseling, if they are appropriate for your situation. Bankruptcy will be on your credit report and affect your credit score for many years to come, so it is a decision that should not be taken lightly. Try to use it as a last resort.
Never lie about anything in your bankruptcy petition. You may be tempted to try to hide income and personal assets from discovery, but doing so often leads to major complications, monetary penalties and the possibility that your case will be thrown out of court.
Unsecured Credit
After a bankruptcy, you may still see problems getting any kind of unsecured credit. If this happens to you, think about applying for a couple of secured credit cards. You can exhibit your desire to rebuild your credit this way. In time, you might be granted 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. Don’t be taken in by some fly-by-night company that exists only to profit from the suffering of others. Check out any lawyer you are considering thoroughly before engaging him or her.
Prior to filing for bankruptcy, determine which assets, if any, are exempt from being seized. The Bankruptcy Code includes a list of the types of assets that are exempt from the bankruptcy process. Be sure that you study this list. Make yourself aware of any assets you have that could be seized. Failure to do this could cause some ugly surprises down the road when you discover that your valuables must be seized.
Don’t file for bankruptcy until your represented by an attorney. Filing for bankruptcy is complicated and there is no way you can understand all you need to know. Choose an attorney versed in personal bankruptcy to make sure you don’t make mistakes.
Make sure you know how to differentiate between Chapter 13 and Chapter 7. Learn the benefits and drawbacks of each type before deciding which is right for you. If you are confused by what you find, be sure to ask your attorney to explain anything that is unclear before you make your decision about filing.
Filing for bankruptcy should not be done on a whim. There are many recouses available to help you lower your payments and get back on track. Loan modification plans on home loans are a great example of this. The lender can help your financial situation by getting interest rates lowered, dropping late charges, and in some cases will allow you to pay the loan over a longer period of time. Many times creditors are happy to work with you to ensure that you will repay your loan.
A great tip to remember if you have filed for Chapter 13 is that you will still be able to receive a loan, so you shouldn’t refrain from trying. There will, however, be obstacles. You have to meet with your trustee to get approval for the new loan. Draw up a budget, demonstrating that you can afford the new loan payment. You will also need to have a good reason why you need the item.
Bankruptcy is a hard thing to experience and it could create both emotional and mental stress. To avoid getting too stressed, make sure you hire a reputable bankruptcy attorney. Make your hiring decision based on several criteria, not just on price. When it comes to choosing the right attorney, consider quality before cost. Make sure people who have experienced bankruptcy give your referrals. It is even possible to watch a court hearing in order to see how well an attorney handles a case.
Prior to filing, it is important that you know all about bankruptcy laws. You need to know certain things, like the fact that it’s illegal to transfer any asserts 12 months before filing your claim. Additionally, it is against the law for any filer to boost up the debt amount they carry on any credit cards just before filing.
Make a comprehensive list of all of your financial information before you file for bankruptcy. You can delay your bankruptcy process if you do not add in all important information. Even if it looks insignificant, you must add it to your documents. When it comes to the types of things you might not be thinking about adding, just think about any automobiles you have, any money under the table you’re making, etc.
As you now know, bankruptcy is not a decision that should be made lightly. If you know what makes sense for you, you can work with an experienced bankruptcy lawyer and get ready to experience a clean financial slate.
