Hold Off On Personal Bankruptcy, Check Out This Tips First!If you are thinking about bankruptcy and haven't made a final decision about it yet, it's important that you know what is involved. If you are not a bankruptcy lawyer, you, more than likely, have not dealt much with bankruptcy law. Here are some quick tips to help you understand what you may go through.
Once you have filed for bankruptcy, you need to go over your finances and do your best to come up with a manageable budget. You want to do this so that you will not end up so deep in debt again that you will have to file for bankruptcy, again.
Do not despair, as it's not the end of the world. Bankruptcy might help you get back things you thought you'd lost and had repossessed, such as electronics, vehicles and jewelry. If you have any property in repossession that was taken less than three months before filing for bankruptcy, then there are good odds that you can get your property back. Consult with a lawyer who can advise you on what you need to do to file a petition.
Remember you still have to pay taxes on your debts. A lot of people don't realize that even if their debts are discharged in the bankruptcy, they are still responsible to the IRS. The IRS usually does not allow complete forgiveness, although payment plans are common. Make sure to find out what is covered and what is not.
Decide whether you want to file for Chapter 7, or Chapter 13 bankruptcy. As an individual, you may do either one. Find out visit the next web site as you can about each type of bankruptcy, so you are able to make a choice that you can live with in the future.
Be safe and hire an attorney for help. There are many websites these days that claim to walk you through the process of filing bankruptcy on your own. It is cheaper than using an attorney to get you through this time, but it leaves a lot of room for error. This is not something that you want to take chances on.
Consider filing Chapter 13 rather than Chapter 7, if you are facing foreclosure. A Chapter 13 bankruptcy allows you to create a restructured payment plan which includes your mortgage arrears. This will allow you to get your mortgage payments current, so that you won't lose your home. Chapter 13 doesn't require you to turn over property, so you don't have to worry about the homestead exemption, either.
Filing for bankruptcy will not only just stop credit card companies from harassing you about debt. It will wipe out many of your debts, which may include utility company bills, wage garnishment and foreclosure. It will reduce all of these debts down to zero, and you will have to rebuild your credit all over.
If you have many non-dischargeable debts, filling for bankruptcy may not be very beneficial or advisable. Non-dischargeable debts include student loans, taxes, child support payments, fraudulent debts, and alimony payments. Filing for bankruptcy will not dissolve any of those debts and will only make it harder for you to secure credit in the future.
If you are facing foreclosure, you may want to make the choice to walk away from your home. This could help you to live in your home for up to a year, maybe longer, without paying anything for it. You can then save the money that you were trying to squeeze out for your mortgage payment and use it on a new home.
If you are getting sued and filing for bankruptcy, you may need to buy some time for the summary judgment to come through. If this is the case, pay a filing fee to buy some time. Mail a letter to the opposing side stating "I dispute the validity of this debt." That will buy you more time.
Be completely up front and honest about your situation and assets to avoid courts from dismissing your case. If the court catches you deliberately hiding assets or income, it can bar you from filing and even refilling for bankruptcy on debts that you have listed within the petition. http://www.investmentnews.com/article/20150421/BLOG09/150429978/how-advisers-can-avoid-finra-scrutiny-over-personal-liens-judgments makes it impossible to remove debts.
Do not hide assets while you are preparing to go through a bankruptcy. It may be tempting to take a home and/or other property and place it in a spouse's name, but if you get caught doing that you will face charges for fraud. The penalties being jail time and/or fines.
Be aware that there are two kinds of bankruptcy. There is Chapter 7, and Chapter 13. Chapter 7 can keep the filer from paying debts entirely. This option is generally for those that have debts so high or income that is so low that, they cannot afford a payment plan. Chapter 13 lets the filer get a payment plan so that they can repay all, or parts of their debt between three and five years.
Pay attention to how you satisfy any personal debts before filing for bankruptcy. Find out from a bankruptcy attorney what a court needs to see as a cut off date for the last time you pay anyone you owe money to. Know what the laws are prior to making any payments.
Although it is tempting to toss out the idea of ever owning credit cards again, think again. Although this may seem plausible, this actually isn't doing them any good. Good credit is needed to make major purchases, such as those for homes and automobiles. However, if you don't use credit, you will be unable to establish a good credit history, which is necessary in order to make those purchases. Begin with a credit card that has the very low limit and handle it extremely responsibly to begin healing your credit rating.
Do not drain your 401K or retirement plan, in order to use the funds to pay off debt before filing for bankruptcy. Those funds are protected, so you should hold onto them. If you need to, use them to keep up with the payments for the secured lines of credit on the things you plan to keep.
As you can see, just by reading this article, the thought of bankruptcy is not as scary and confusing as it once seemed. Hopefully, the information that was presented to you has helped shed some light. If you feel that bankruptcy is right for you, remember the information from this article, as you take the next steps.