A lot of people in this day and age are deeply into debt. Countless Americans are currently being harassed by debt collectors on a daily basis. If you are experiencing overwhelming stress due to your financial situation, you might want to think about filing personal bankruptcy. Continue on to the article below to see if bankruptcy is the right option for you.
Many people do not know that student loans are not dischargeable debt under bankruptcy laws. Do not go into your bankruptcy thinking that your student loans will be discharged, because only in cases of extreme hardship are they considered. If the job you received from pursuing your degree will never allow you to pay off your debt, you may have a chance, but it is highly unlikely.
A critical tip in filing personal bankruptcy is to steer clear of making payments to creditors, in advance of filing a petition, in an attempt to satisfy individual debts in full outside of bankruptcy court. Payments to family members and creditors made within defined periods of time prior to a bankruptcy filing can be voided and can jeopardize the chances of receiving a discharge of all debts in the case.
Know your rights when it comes to filing for personal bankruptcy. The last thing you need now, is a hassle from the legal professional that you hire to represent you. A few years ago, the Bankruptcy Abuse Prevention and Consumer Protection Act was made into law, in order to protect financially strapped consumers from being ripped off. Beware and be informed!
Make sure you have a solid understanding of which debts can be eliminated by bankruptcy, and which ones cannot. Debts like student loans, child support or alimony payments, and taxes, are generally not discharged through bankruptcy. Bankruptcy can help if your wages are being garnished or if you have large unsecured debts, like, credit cards and utility bills.
Start planning for your life after bankruptcy now. The entire process can be very overwhelming, and leave you feeling like you have few to little options. You begin rebuilding your financial future right away. Get solid advice from trusted sources, be prepared to work hard at it, and most importantly, don't be afraid to dream again!
Be fully educated about the rules of bankruptcy. If the courts were to find that you have disregarded any of the rules in place, your petition could be dismissed. Laws prohibit picking and choosing some debts to pay off prior to filing for bankruptcy. Family members cannot be paid off within one year of filing and creditors are limited to ninety days.
If you lose your job, or otherwise face a financial crisis after filing Chapter 13, contact your trustee immediately. If you don't pay your Chapter 13 payment on time, your trustee can request that your bankruptcy be dismissed. You may need to modify your Chapter 13 plan if, you are unable to pay the agreed-upon amount.
Know the facts. Contrary to popular belief, you can actually get credit after you file for bankruptcy. In fact, most who file already have very poor credit and filing for bankruptcy will put them on the only possible road to ever establishing good credit again. Your financial life will not end upon filing.
If you are planning to file for bankruptcy, be certain not to transfer any of your belongings or valuables to another person. This includes taking your name off of joint bank accounts or other financial assets. The court will be looking for anything of value in order to repay creditors, and you will be asked under oath whether you have left anything out. If you do not tell the truth, you may be charged with perjury and could possibly spend time in jail. Remember, honesty is the best policy.
Avoid running up your debt limit before you file for bankruptcy. Judges, and creditors look at recent history along with your current situation. A judge can deny some of your debts from being wiped out if, they think you're just taking advantage of the system. Try to show that that you're willing to change your fiscal habits.
Visit your primary care doctor for a complete physical prior to filing for bankruptcy. If you wait until after you begin the process, you will not be able to claim your medical bills on your bankruptcy. This is especially helpful if you do not have any kind of health insurance.
Don't repay personal debt to friends and family before filing for bankruptcy. Although you may feel obligated to pay these people back first, it is not a wise decision. Because you must reveal this information when you file for bankruptcy, the trustee can legally ask for this money back or sue for it.
Don't wait too long to file bankruptcy if, you have to go that route. Many debtors spend years trying to deal with debt before they file. You can get free consultations with some attorneys, to find out about bankruptcy and your rights. They can suggest the best time to file, and may provide services like credit management.
Keep in mind that your credit is not necessarily ruined just because you have filed for bankruptcy. But, it is important once you have filed for bankruptcy, that you properly manage your finances. This is the only way that you are going to be able to rebuild your credit the right way.
Familiarize yourself with the requirements for different types of personal bankruptcy so, you can decide which type is most appropriate for you. Chapter 7 bankruptcy offers low-income debtors the ability to liquidate their assets to repay debts. Chapter 13 requires you to have a steady source of income so, that you can repay debts over time.
Before filing for bankruptcy, keep in mind that child support will not be discharged in a bankruptcy case. The reason for this is that child support is a responsibility that a parent must pay. Bankruptcy does not remove that responsibility. Be sure to include any child support in your list of debts that will remain with you after the bankruptcy is discharged.
As you now know, you have plenty of assistance available for filing bankruptcy. Don't let the situation overwhelm you. Look at bankruptcy as a way to begin again.
Orignal From: Excellent Information On Bankruptcy Before You File
No comments:
Post a Comment