Dealing with bankruptcy can be difficult, especially if you never had to deal with anything like it before. Most people aren't sure what bankruptcy is like until they have to go through it, but luckily, there are tips available for you to make the process easier. Here are some effective tips to do just that.
Keep your debts to a minimum prior to filing. If you are planning on filing for bankruptcy, don't run up your debts. Your recent history will be checked by judges and creditors, and if it is deemed that you are trying to cheat the system, you may not be able to wipe out those debts. You will be viewed most favorably, if you can demonstrate that you have changed your spending habits.
If you are trying to rebuild credit after filing for bankruptcy, you should apply for secured credit cards. These can help you establish credit, but you have to make sure that they are one of the companies that report to the major credit bureaus, since all of them do not.
As tempting as it may be, do not run up credit cards right before filing for bankruptcy. Many times, people purchase expensive items, like jewelry, appliances and furniture right before they know they are going to file for bankruptcy. Most of the time, they are still going to be responsible for paying back this debt.
Decide whether you want to file for Chapter 7, or Chapter 13 bankruptcy. As an individual, you may do either one. Find out as much as you can about each type of bankruptcy, so you are able to make a choice that you can live with in the future.
Remember that certain kinds of debt won't be discharged even after you have filed for bankruptcy. If you have outstanding student loans, owe child or spousal support, a divorce settlement agreement, or unpaid taxes, you will still be liable for these debts. Also, if you forget to list certain debts on your court documents, you won't be able to add them in the future.
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.
Never use a paralegal to guide you through the bankruptcy process. While some paralegals may have the necessary knowledge to provide all the answers you need, they cannot give legal advice legally. Because of this, you are not guaranteed in any way to receive accurate information or advice. An attorney, on the other hand, has a legal and ethical obligation to provide you with accurate information and sound advice.
Fight the temptation to rack up large credit card balances just before filing. The creditor will take a look at your account history. If they determine that you charged a lot before applying for bankruptcy, they can file a request with the court to hold you responsible for the amount that you charged.
Keep in mind that, currently, student loans cannot be discharged when filing for bankruptcy. There is a process by which student loans could be considered dischargeable, but it is costly, difficult, and rarely successful. However, student loans in bankruptcy have been a topic discussed by Congress in recent years, so keep up with new bankruptcy laws to find out if any changes have been made.
Look for a bankruptcy attorney that belongs to the NACBA (The National Association of Consumer Bankruptcy Attorneys). When you are filing for bankruptcy, it is essential that you hire the services of an experienced and reputable bankruptcy attorney. Attorneys that are members of the NACBA, are also, members of a well-respected consumer bankruptcy organization, so you can be sure that you will be getting the best legal advice available.
Familiarize yourself with the requirements for different types of personal bankruptcy so, you can decide which type is most appropriate for you. Chapter 7 bankruptcy offers low-income debtors the ability to liquidate their assets to repay debts. Chapter 13 requires you to have a steady source of income so, that you can repay debts over time.
Explore all of the options available to you before you file for bankruptcy. Filling for https://www.forbes.com/sites/lizfrazierpeck/2018/03/26/cant-afford-your-tax-bill-this-year-here-are-some-options/ can have some serious future implications. For instance, getting a mortgage application approved when you have previously been bankrupt will be tough to say the least. Therefore, you should thoroughly investigate all of the alternatives to bankruptcy. Perhaps you could borrow money from a family member or consolidate some of your debts.
Keep in mind that, currently, student loans cannot be discharged when filing for bankruptcy. There is a process by which student loans could be considered dischargeable, but it is costly, difficult, and rarely successful. However, see more in bankruptcy have been a topic discussed by Congress in recent years, so keep up with new bankruptcy laws to find out if any changes have been made.
If you are going through a divorce and your ex-spouse files for bankruptcy, there are debts that cannot be discharged. Child support, alimony, many property settlement obligations, restitution, and student loans, are all not allowed to be discharged in a bankruptcy from divorce. In very rare cases, some property settlement agreements are allowed to be discharged. Consult with an attorney to find out which ones can.
If you act early enough, you may be able to take advantage of Chapter 13 bankruptcy, instead of Chapter 7. Chapter 7 is the traditional "liquidation" bankruptcy, which will involve selling off your assets. In contrast, Chapter 13 is a repayment bankruptcy. You will have to pay off a portion of your debt, but you can hang onto your property.
Don't let bill collectors mislead you. When you discuss bankruptcy with some bill collectors, they may tell you that bankruptcy will not affect them, and you will still have to pay them. They are not being honest, all of your bills can be covered depending on the bankruptcy option that you fiel.
If you are hiring a lawyer, don't be afraid to speak up. Don't assume your lawyer knows everything. If you have concerns, voice them. If there are things you feel your lawyer is overlooking, remind them. Don't be shy about it. Repeat any crucial information that might have been glossed over.
Bankruptcy is not the end of the world. In fact, you might want to look at it as a beginning. The start of better days ahead, free from so much of the stress and burden of overwhelming debt. Hopefully, this article will help see you through the process and on to a brighter financial future.