Making the choice to file for personal bankruptcy is something that many find difficult, if not excruciating. But, armed with the right knowledge and information, it is possible to view the process as the best way to achieve a needed fresh start in your personal finance, and not something that must be dreaded. Put the tips in this article to work today and gain new perspective on what bankruptcy can do for you.
Laws regarding bankruptcy vary by state, so you need to find a lawyer that can walk you through the entire process and help keep your rights protected. In several cases, you can keep your car and your home, but it’s your attorney that will tell you what rights you have, what you can keep, and what you will need to surrender.
One you realize you are in financial trouble and have decided to file for personal bankruptcy you should move quickly. Waiting to the last minute to file bankruptcy can cause a number of issues. You may face negative repercussions such as wage or bank account garnishment or foreclosure on your home. You can also not leave time enough for a thorough review of your financial situation, which will limit your available options.
If you have to file bankruptcy, get a lawyer to look over your paperwork before you file. Bankruptcy laws can be very complex, and if you do not have a lawyer, you can get yourself in trouble. Not only are there legal issues that you could face, but you could also end up losing property and cash that you think are protected.
One of the best ways to learn more about the bankruptcy process is to hit the Internet and look up reputable bankruptcy websites. The U.S. There is solid advice available from the NACBA, (Consumer Bankruptcy Attorneys’ association) the ABI, (American Bankruptcy Institute) and the United States Department of Justice. You will find that the process of filing for personal bankruptcy is easier and less of a hassle with the more information on the subject you gather ahead of time.
You should look into and understand which debts are eligible to be written-off under bankruptcy. There are certain loans, such as student loans, that do not qualify. By understanding which debts you can write-off, you can make a better decision when trying to figure out if bankruptcy is the right choice for you.
It should go without saying, but refrain from lying in your bankruptcy filings. To avoid problems, penalties and future re-filing bans, resist the urge to hide documentation or assets.
If you’ve considered the pros and cons involved with choosing bankruptcy, and you feel that this is the only option you have left, be sure to consider all the personal bankruptcy laws. Don’t just sit back for the ride; be sure to work together with your lawyer so that you can get the best outcome possible.
Be aware that most bankruptcy lawyers will offer a free consultation. Take advantage of that and meet with several of them. If it’s handled in 15 minutes or less, if you meet with the assistant instead of the lawyer, or if you’re pressured to sign up immediately in person or by phone, go somewhere else.
Do some research. There are two main types of personal bankruptcy – Chapter 7 and Chapter 13. Chapter 7 will eliminate the majority of your debt while Chapter 13 restructures it to give you time to pay it off. Each one has different rules on what assets you are allowed to keep. So, ask a lot of questions before you decide which one is the best fit for your situation.
Car loans or mortgage loans are still a possibility when you have filed for Chapter 13. However, there are steps which must be taken to ensure you are within the law of bankruptcy. You need to contact your trustee so you can get approved for a new loan. To show that you are responsible and prepared for the undertaking of a new loan, flesh out a full budget. An explanation of need will also be necessary.
It is certainly true that the prospect of bankruptcy is a topic feared by many. Much of the worry and hesitation surrounding the filing personal bankruptcy stems from insufficient knowledge on the part of consumers. By studying the guidance and advice in the piece that follows, it is possible to better understand what bankruptcy means and does for debtors, and how best to optimize the process.