How Individual Personal Bankruptcy Will Work For YouA bankruptcy filing is never welcome. Bankruptcy can be ugly, embarrassing and a tough thing to talk about. So do not think that bankruptcy will solve all of your problems, use this guide in order to fix your financial situation if possible.
A huge mistake people make before filing for bankruptcy is maxing out their credit cards. This can lead to disaster when you file and the credit card companies might not discharge the debt. If you can, you need to stop using your credit cards at least six months before you file, and ideally for a year prior. Also, do your best to pay the minimum payments on these cards for at least six months before you file.
Do your research before choosing a bankruptcy lawyer. Take advantage of free consultations, and meet with several different lawyers before picking one to work with. Make sure that you choose an experienced attorney who is knowledgeable about the local laws, the preferences of trustees, and has a good working relationship with local judges.
Know what debts can be forgiven. You may hear that you have to pay a certain debt, and that it cannot be discharged, but that information will usually be coming from a bill collector. Student loans and child support and a few other debts cannot be discharged, but most others can.
Know your rights when it comes to filing for personal bankruptcy. The last thing you need now, is a hassle from the legal professional that you hire to represent you. A few years ago, the Bankruptcy Abuse Prevention and Consumer Protection Act was made into law, in order to protect financially strapped consumers from being ripped off. Beware and be informed!
You may have heard bankruptcy referred to differently, either as Chapter 7 or Chapter 13. Learn the differences between the two before filing. In Chapter 7 bankruptcy, your debts are all eliminated. You will be removed from any contracts you have with your creditors. On the other hand, filing for bankruptcy under Chapter 13 means you will have 60 months to pay your debts back. You need to be aware of the pros and cons of each type of bankruptcy so you can correctly select the best choice for your situation.
You do not need to be bankrupt to file for personal bankruptcy. In 1898 the term was changed from "bankrupt" to "debtor" so that people could more readily understand that an inability to pay bills is the main qualifying factor in filing for personal bankruptcy. Most people who file are not, in fact, completely bankrupt.
Check all of your paperwork before filing, even if you used an attorney. While attorneys can be irreplaceable guides when it comes to personal bankruptcy, they often deal with multiple cases simultaneously. It's in your best interest, as its your financial future, to check all paperwork before it gets submitted.
If you are considering filing for divorce and bankruptcy, file the bankruptcy first. This could save you money in family attorney fees and make the financial aspect of the divorce much simpler. There are certain situations when this is not the best idea. Check with a bankruptcy lawyer before you do anything.
Learn about adversarial proceeding. This is what results when you take out cash advances or make big ticket purchases on credit cards within ninety days of your filing date. You could very well be held responsible for the funds that have been withdrawn or purchases made once the bankruptcy is final.
Do not cosign on any type of loan during or after your bankruptcy. Because you cannot file for bankruptcy again for many years, you will be on the hook for the debt if the person for whom you are cosigning is unable to meet his or her financial obligation. You must do whatever you can to keep your record clean.
Avoid running up your debt limit before you file for bankruptcy. https://www.vox.com/2016/2/11/10952078/mental-health-bankruptcy , and creditors look at recent history along with your current situation. https://www.fool.com/investing/2017/07/02/how-republicans-can-fix-obamacare-in-3-simple-step.aspx can deny some of your debts from being wiped out if, they think you're just taking advantage of the system. Try to show that that you're willing to change your fiscal habits.
Explore all of the options available to you before you file for bankruptcy. Filling for bankruptcy 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, 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.
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.
Never rely upon bill collectors to share accurate information about your debt and bankruptcy. Some unethical collectors tell consumers that their debts are exempt from bankruptcy rules, but this is actually only true for a few special kinds of debt. If a collection agency provides you with inaccurate information like this, report them to the Attorney General's Office in your state.
Put the date for your 341 meeting with creditors on your calendar as soon as you get it, so that you don't forget this meeting. You need to attend the 341 meeting and answer all of the trustee's questions as honestly as possible, in order to get your debts discharged.
Always be honest in reporting all income, assets and debts when filing bankruptcy. If you hide any financial information, whether it is intentional or accidental, you run the risk of being barred from filing bankruptcy on those debts listed in your original bankruptcy petition in the future, which means you will have no relief from your financial burdens.
As you can probably see, personal bankruptcy is not a magic pill that makes all of your debts just vanish. However, in certain situations, it is a viable option. Managing your finances takes discipline and a certain amount of financial knowledge. Hopefully, this article has shed some light on personal bankruptcy, and whether it makes sense for you.