Thursday, June 26, 2014

Are You About To File For Personal Bankruptcy? See These Tips First!

By Anthony Cruz


Many people disapprove of bankruptcy until their personal situation changes. You never know what is going to change in your life. For example, you could lose your job or get divorced from your spouse, which could cause you to be forced to claim bankruptcy. Follow the advice presented here if this describes your situation.

Prior to putting in the bankruptcy paperwork, determine what assets are protected from seizure. To find an itemized list detailing assets exempt from bankruptcy, find the Bankruptcy Code. It is important that you read this list before filing for bankruptcy, so that can find out whether or not your most prized possessions will be seized. If you don't read it, you could have nasty surprises pop up later due to your prized possessions being seized.

Don't think that loading up your credit card with tax debt and then filing for bankruptcy is an answer either. Most of the time, you cannot discharge this debt. As a result, you will owe the IRS a lot of money. One thing that you should remember is that if your tax is dischargable, your debt will also be dischargeable. Just because your credit card could be discharged in bankruptcy does not mean you should use it.

Before declaring bankruptcy, ensure that all other options have been considered. For example, consumer credit counseling programs can help you by renegotiating your debts with your creditors into payments that you can afford. You may also find success in negotiating lower payment arrangements yourself, but be certain to get any arrangements with creditors in writing.

If you are considering filing for personal bankruptcy, be certain that this is really the right course of action for you. You may well be able to regain control over your debts by consolidating them. Bankruptcy is not a simple, breezy course of action that should be taken lightly. It will also harm your ability to secure credit in years to come. Needless to say, if some alternative strategy will allow you to take care of your debts, you should give it a try before resorting to bankruptcy.

Before you decide to file for Chapter 7 bankruptcy, you should consider what your bankruptcy might have on others, as your family and friends may be affected. Speak to an attorney or read the bankruptcy laws in your state to find out if certain loans can be excluded from your filing. Sadly, this will not be the case for your co debtor. Your creditors may simply turn their attention to your hapless acquaintance.

Know your rights when filing for bankruptcy. Some debtors will try to tell you your debt with them can not be bankrupted. Few debts exist that are not covered by bankruptcy, such as student loans or child support. If a collector uses this tactic about debt that can, in fact, be discharged through bankruptcy, report the collection agency to the attorney general's office in your state.

Bankruptcy laws are very exact and very important, so ensure that you're well aware of all current laws before you file a petition. As an example, it is prohibited for someone to transfer assets from the filer's name for one year prior to filing. In addition, it is unlawful for the filer to increase the amount of debt they are carrying on their credit cards right before they file.

Chapter 13 bankruptcy might be a good option, so don't overlook it. With a consistent income source and less than $250k in debt, try filing for Chapter 13. When you file for Chapter 13, you can use the debt consolidation plan to repay your debts, while retaining your real estate and your personal property. It usually takes three to five years to fulfill this plan. When the time is up, you're unsecured debts will be discharged. However, if you miss even one payment, the court will dismiss your entire case.

Before you file for personal bankruptcy, become more fiscally responsible. Don't boost current debt or get new debt before bankruptcy. Both creditors and judges take a look at what you are doing now, as well as what you have done in the past. You should demonstrate through your current behavior that you are actively changing your personal financial habits.

If you have attempted every single option for dealing with your finances and you still come up dry, then you may have to file for bankruptcy. Don't carry the weight of the world on your shoulders. If the circumstances that brought you here were not within your ability to control, let go of the stress and guilt associated with them. When you read this article, you will find some very valuable information.




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