Friday, June 27, 2014

Information You Must Know Before Filing For Bankruptcy

By Jessie Dilgado


Are your debts out of control and you think that your only escape is bankruptcy? Do not worry, because you are not the only one. Many people have been in the same situation as you. The following article offers many great tips on bankruptcy that can be very helpful when faced with this situation.

Make sure that you understand everything you can about personal bankruptcy by visiting websites that offer information. The United States Department of Justice and National Association for Consumer Bankruptcy Attorneys provide excellent information. By being well armed with the correct knowledge, you can be certain of the decision that you have made. Additionally, you will understand the processes necessary to conduct your personal bankruptcy matters in a smooth manner.

Do not use a credit card to pay income taxes and then file for bankruptcy. The fact is that the credit card debt will be ineligible for discharge, and your tax debt may increase. Generally speaking, debt incurred to pay taxes and the tax bills themselves are treated the same in a bankruptcy. So, there is no reason to use your credit card if it will be discharged in the bankruptcy.

Try going to a personally recommended bankruptcy lawyer instead of using a phone book or the Internet. There are lawyers out there who will take advantage of your financial state and not deal honestly with you. Make sure your filing process goes as well as possible by finding a trustworthy lawyer.

Don't try to hide anything if you are filing for bankruptcy, as this will hurt you in the long run. Good or bad, you must tell your bankruptcy attorney everything about your financial situation. Never hide anything, and make sure you come up with a well devised plan for dealing with bankruptcy.

When you do meet with a lawyer make sure that they answer all of your questions and that they do not charge you for consultation alone. Almost all lawyers will give a free consultation, so meet with more than one before making a decision on whom to hire. Choose an attorney who is experienced, educated and well-versed in bankruptcy laws. Take your time before you decide to file after you meet with your lawyer. This offers you the opportunity to speak with other attorneys.

Be sure you know how Chapter 7 and Chapter 13 differ. Chapter 7 involves the elimination of all of your debt. All the things that tie you to creditors will go away. On the other hand, filing for bankruptcy under Chapter 13 means you will have 60 months to pay your debts back. You must know about the different bankruptcy types, and how each can affect you.

Talk to a lot of different bankruptcy lawyers; most of them will give you a free consultation. Always ensure that the person you meet with is a real lawyer, not a legal assistant or paralegal. These people can't give legal advice. It will be important to work with a bankruptcy lawyer that you feel comfortable with; a little comparison shopping will help you find the right one.

Thing about filing a Chapter 13 bankruptcy. You are eligible to file Chapter 13 bankruptcy if your income is reliable and your unsecured debt does not exceed $250,000. Filing a Chapter 13 will let you keep personal items and real estate while you pay down your debt in a consolidation plan. The window for Chapter 13 repayments is typically 3-5 years. At the end of this time, any unsecured debt is discharged. Remember, though, that if you fail to make even one payment, the case will be thrown out and you'll be right back where you started.

Before declaring bankruptcy, it is important to know your rights. Do not take debt collectors at their word when they tell you that a specific debt can't be discharged through bankruptcy. Only a few kinds of debt, like student loans or child support, are ineligible for bankruptcy. If the debt collector tries to tell you that your debts, which do not fall into those categories, cannot be bankrupted, take a note of it, look up the debt type, and report them to your state's attorney general office.

Refrain from feeling shameful about your bankruptcy. A lot of people have a negative opinion of bankruptcy, mostly because they misunderstand this procedure. But, such emotions get you nowhere, and they can cause significant mental issues to emerge. Having the right outlook during a tough financial upheaval is a great attitude in coping with bankruptcy.

Be sure you know the bankruptcy laws before you think about filing. For instance, it's prohibited for an individual to transfer assets to someone else a year before filing for bankruptcy. Also, a person cannot legally increase their debt amount on credit cards prior to filing.

As mentioned previously, countless others have also experienced financial problems that have driven them to bankruptcy. But since reading this article, you now have information that others don't have. The tips provided above should help you get through bankruptcy.




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