Filing personal bankruptcy is not like it used to be. It used to be reserved for low income families that just could not make payments on their lines of credit. These days, people of all income levels are filing for personal bankruptcy. Read through https://www.lexology.com/library/detail.aspx?g=7bad75f6-3bc4-4ec5-b8d0-19f1a2a94890 that follows to learn if your situation requires you to take the big leap to file for bankruptcy.
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.
Once you have filed for bankruptcy, you will have to do your best to build your credit all over again. Do not be tempted to allow your credit account to have nothing on it, so it will appear to be fresh. This will send a bad signal to anyone who is looking at it.
Be prepared to see your name in the news when you file bankruptcy. While the story isn't going to make front-page headlines unless you are a very prominent or famous figure, all bankruptcy cases are public record. As such, they are often reported in a section of local newspapers. The good part is that not everyone reads that part.
Safeguard your most valuable asset--your home. Filing bankruptcy does not necessarily mean that you will lose your house. If your home value has gone down, or if there's a second mortgage, you might be able to keep it. You should also examine the possibility of taking a homestead exemption. This could apply if your income falls below the financial threshold.
Evaluate your consultation with any lawyer by the way he or she handled the consult. Consider the length of your consult. If it lasted less than 15 minutes or it was with an assistant rather than an actual lawyer conducting the consult, this could signal that lawyer is probably not the best choice. You want someone that takes the time to handle your case personally, and you want to get your money's worth. You should also shy away from those lawyers who pressure you with phone calls or try convincing you immediately after a consultation by getting pushy.
Consider filing Chapter 13 rather than Chapter 7, if you are facing foreclosure. A Chapter 13 bankruptcy allows you to create a restructured payment plan which includes your mortgage arrears. This will allow you to get your mortgage payments current, so that you won't lose your home. Chapter 13 doesn't require you to turn over property, so you don't have to worry about the homestead exemption, either.
Never use a paralegal to guide you through the bankruptcy process. While some paralegals may have the necessary knowledge to provide all the answers you need, they cannot give legal advice legally. Because of this, you are not guaranteed in any way to receive accurate information or advice. An attorney, on the other hand, has a legal and ethical obligation to provide you with accurate information and sound advice.
If you have a credit card with your local credit union, it may be one that does not have to be given up due to bankruptcy. Check with your credit union to find out if the line of credit will continue after the bankruptcy is final. You still must be sure to include it on your application with your other debts.
Do not wait too long to file for bankruptcy, if that is what you are going to do. By waiting a long period of time, you are just allowing your debt to keep piling up. Once you have decided that filing for bankruptcy is the right choice, start the process right away!
One way that many people have been able to avoid personal bankruptcy is to consolidate debt. Often, people have accumulated many small debts that can be extremely difficult to pay at the same time. If you can consolidate these debts along with larger ones into one debt, it is much easier to avoid bankruptcy.
Clean up your credit record after ten years. When you file Chapter 7 bankruptcy, it remains on your credit report for ten years. However, the credit bureaus are not required to remove the information. In order to get rid of the bankruptcy record, write a letter to the credit reporting agencies, along with a copy of your discharge notice. Follow this up with a phone call to make sure that they have removed the bankruptcy record.
Get a secured credit card after filing for Chapter 7 bankruptcy. A secured card requires you to put down money in order to open the account. However, if you use the card responsibly and pay it off every month, you can raise your credit score. So, within a few years of filing, your credit will be good enough to get you into an apartment or allow you to purchase a new vehicle.
Stay on top of your finances enough to file before the last possible moment. Your financial debt, and responsibilities will not solve themselves, nor will they be able to sit on the back burner forever. You must act decisively. Through knowledge of where your finances truly stand. Ignoring the problem will only result in greater issues.
Do not forget to list the name of any of the creditors that you would like to be included when you file for bankruptcy. Any creditor that is not listed will not be included.This means that you will still owe them the entire balance that is on your account.
Understand that income tax should not be paid on any sort of debt discharge. This will save you a lot of money when it comes time to pay your taxes. Be sure to check with a tax specialist before you submit your taxes, in order to; make sure you're within the legal boundaries.
If you are planning on filing for chapter 11 bankruptcy, it is important that you hire a lawyer. Working with a lawyer is necessary, because filing for chapter 11 bankruptcy is much, much, more complex than filing for other bankruptcies. A lawyer will make sure that your rights are protected. He can guide you through the bankruptcy process, providing valuable advice.
If you are hiring a lawyer, don't be afraid to speak up. Don't assume your lawyer knows everything. If you have concerns, voice them. If there are things you feel your lawyer is overlooking, remind them. Don't be shy about it. Repeat any crucial information that might have been glossed over.
As you know, filing for bankruptcy is a major decision that can have a huge impact on your life. By carefully studying this article, you should now have a much better understanding of America's bankruptcy laws, and you should be able to decide whether or not filing for personal bankruptcy will benefit you and improve your particular financial situation.