Bankruptcy is a huge financial decision and should not be lightly considered. Read through the information in this article and use it to help you make an informed decision. Take the time to educate yourself before you make your choice.
Many people find that they must file for bankruptcy protection because they have more debt than they can afford to repay. If this sounds familiar, you should read up on the bankruptcy laws in your state. Each state has its own set of rules regarding bankruptcy. For example, whether or not you can keep your home, as well as what you need to do to keep it, is different for every state. Make sure you know the laws where you live before you file.
If you are considering using credit cards to pay your taxes and then file for bankruptcy, you may want to rethink that. Most states do not look at this debt as chargeable, and you could end up owing money to the IRS. Bear this in mind; if the tax can be discharged, then the debt can be as well. So, in short, do not use your credit cards to pay off debts right before you file for bankruptcy.
When it appears likely that you will file a petition, do not start spending your last remaining funds on debt repayment. Avoid ever touching retirement funds until you have no other choice. You may need to withdraw some funds from your savings account, but don’t take everything that is there as you will be bereft of any financial backup if you do.
Determine which assets won’t be seized before filing for bankruptcy. The Bankruptcy Code contains a list of various assets that are excluded from bankruptcy. It is vital that you completely understand which assets are protected and which assets can be seized prior to filing bankruptcy. It is important to know what types of possessions may be taken away before they actually are seized.
Don’t hide assets or liabilities when filing for bankruptcy. When you file make sure whoever is handling the process is fully aware of each and every financial detail. Do not leave anything out and come up with smart plan to manage the situation you are dealing with.
Avoid paying for a consultation with the bankruptcy attorney, but do ask many questions. Almost all lawyers will give a free consultation, so meet with more than one before making a decision on whom to hire. Don’t hire an attorney who fails to address all your concerns and questions. After the consultation, you are not immediately required to come up with a decision. Take your time, and schedule consultations with more than one lawyer.
Before filing a bankruptcy claim, make sure that your home is well protected. Losing your home is thought of as common in bankruptcy cases, but it is by no means inevitable. If your home has significantly depreciated in value or you’ve taken a second mortgage, it may be possible to retain possession of your home. You may also want to check out the homestead exemption because it may allow you to keep your home.
Debt Collectors
If you decide to file for bankruptcy, it’s important that you’re educated about your rights. Occasionally, debt collectors will attempt to convince you that your debt isn’t eligible for bankruptcy. Only a few debts, including child support and tax liens, are ineligible for bankruptcy. If any debt collectors tell you that their debts can’t be bankrupted, make a report with your state attorney general.
Make sure you know the bankruptcy laws before filing your petition. There are several pitfalls with personal bankruptcy that can make your case harder to handle. It is even possible for your whole petition to be thrown out of court due to errors being made. Thoroughly research bankruptcy before you make the decision to file. Doing this will make the process easier.
Don’t wait when you’re thinking about filing for bankruptcy and have been for a while. It’s hard to admit you need assistance, but the longer you decide to wait, the worse the debt can get. Speaking with someone knowledgeable as soon as you can helps get you started on the bankruptcy process before your situation becomes any worse.
Understand that in the long run, a bankruptcy filing may be better than continued missed paymsent when it comes to your credit score. Yes, the bankruptcy will stick around for a whole ten years, but the clean slate you get from filing will help you get back on the right track quickly. The whole point of bankruptcy is to give you a second chance.
Credit Cards
Lots of individuals who previously filed bankruptcy vow to shun the use of credit cards or lines of credit in the future. This is not wise, since credit cards can help to rebuild credit. If you don’t use your credit, you won’t be able to make big purchases on credit in the future. The best way to help build your credit is to get one credit card and pay it off at the end of every billing cycle.
Filing for personal bankruptcy is a decision you need to make after doing some research. You must do a wide variety of things correctly. By applying the above ideas, you can make certain that you handle all your details with full attention.