If you and your family have found yourselves buried in financial debt, one of the first things that come to mind is filing personal bankruptcy. A bankruptcy filing may seem like a life preserver, but it has its drawbacks. Continue reading to learn more about filing personal bankruptcy, and to see if it makes sense for you.
Get a plan in place for after your bankruptcy is over. Your debt will be forgiven, but you have to find a way to make sure that your financial picture will recover. Set definite goals so that you are always working toward a financial future that will never get you in this position again.
A useful tip for those thinking about using personal bankruptcy as a way out of their financial difficulties is to exercise great care when choosing an attorney. By selecting a practitioner who specializes in bankruptcy and who has handled a large number of such cases, it is possible to ensure the very best outcome and the greatest likelihood of forging a positive financial future.
Before you decide to file for bankruptcy, be sure to obtain a free consultation with a bankruptcy attorney. Depending on where you live, you have the right to speak to an attorney before filing. Any good attorney will offer a first appointment free. This is an important consultation, as you will need the answers to many questions. These may include: attorney fees, what type of bankruptcy to file, and what types of information, paperwork you will need to provide. Most importantly, an attorney will be able to determine if filing for bankruptcy is the right decision for you.
Know the difference between Chapters 7 and 13 bankruptcies. Chapter 7 will wipe your debts clean, meaning you will not owe what you file against. Chapter 13 requires you to agree to repay your debts. These debts need to be repaid within three to five years of the filing date.
Be sure to consider all of your options before filing for personal bankruptcy, as there may be some you haven’t considered. If you have a job that has slowed down due to the recession, such as construction, you may need to find a new job. This could help your situation until the economy picks back up.
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.
Do not jump the gun, and file for bankruptcy too early. Filing at the wrong time could leave you with more debt than you had before. It also means that you will not be able to file against those debts. All debt must be listed on your initial application for it to be included.
When meeting with a personal bankruptcy lawyer, be sure you have all of the necessary paperwork with you. This will make the whole filing process go much easier and quicker. Some of the paperwork you should have with you includes loan documents, credit card bills, and any other relevant financial documents.
Don’t wait until the last minute to file bankruptcy. Often, people try to act like they are not in financial straits. They imagine the issues will blow away, but they do not. It is easy you to lose control of your debt, and avoiding the problem will make things worse. Speak with a bankruptcy lawyer as soon as you become aware that you cannot handle your debts.
Do not go and apply for quick loans when you know that you are about to file for bankruptcy soon. You may think of this as free money, but if your lender realizes that this was why you applied for the loan you can be prosecuted and made to pay back the money.
As you can probably see, there are quite a few things to think about before deciding on a bankruptcy filing. Assess your personal financial situation and the types of debts you have, because not all types of debt are able to be discharged. With a little bit of homework, you can find out whether personal bankruptcy is the right solution for you.