Anyone who has considered filing for personal bankruptcy can attest to the uncertainty and alarm the very idea of the process can cause. This does not need to be the case, however, because by gaining a bit of knowledge about bankruptcy, it is possible to sort through the worry and see the truth. By applying these tips to your own financial situation, you can determine whether bankruptcy represents a smart way to get a fresh start.
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.
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!
If you have filed for Chapter 13 bankruptcy, but realize that you are unable to meet your payment obligations, you may be able to convert to a Chapter 7 bankruptcy instead. To qualify for the conversion, you must never have converted your bankruptcy before and also undergo a financial evaluation. The laws surrounding this process are always changing, so be sure to talk with an attorney who can help you navigate this process.
Ask friends and family for moral support. They may not be able to lend you money, but you should be able to tell them about your hardships and to lean on them. It can be hard to talk about money with the people close to you. You will likely find that they are much more supportive than you expect.
Stay abreast of new laws that may affect your bankruptcy if you decide to file. Laws are subject to change, and it's important that you're educating yourself about current code only. A qualified bankruptcy attorney is the best source for the latest information regarding the laws in your state.
Filing for bankruptcy does not wipe out all of your debts. It does not stop you from having to pay alimony, child support, student loans, tax debt and most types of secured credit. You will not be allowed to file if these are the only types of debt that you have on record.
Always hire an experienced bankruptcy attorney before filing for bankruptcy. Bankruptcy is a lengthy, stressful process. A good attorney can make the process as fast, and painless as possible. Opting to file for bankruptcy without first seeking legal advice from a good attorney, could result in your bankruptcy petition being thrown out of court by a judge.
Look into proper timing. You can keep your tax refund even when filing bankruptcy. You have to time it just right to do so. Wait until after your tax form has been processed, and you have received your tax return. One of the sneakiest things that a trustee does is to take an income tax return that debtors rely on. Waiting can keep that money in your pocket.
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.
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.
When you plan on filing for bankruptcy, you want to protect any assets you can legally protect. During the process, your creditors are likely to liquidate assets of yours whenever possible to fulfill your financial obligations to them. Some assets are untouchable though, so make sure you take the proper steps to protect them. Your retirement account and your home are both untouchable when it comes to liquidation.
After going through bankruptcy, a lot of people think they are being financially responsible if they shun all forms of credit. This may not be such a great idea because you still need credit to to help build better credit. If you never work on rebuilding your credit after a bankruptcy, you may not be able to qualify for a car loan or mortgage. Take it slow and get yourself one credit card and slowly rebuild your credit.
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.
If you are facing a potential divorce, as well as, bankruptcy, carefully calculate which move you make first. You may benefit by waiting until after the divorce is filed so you will qualify for Chapter 7 instead of Chapter 13. This will keep you from being responsible for monthly payments that are associated with Chapter 13.
Bankruptcy filing is a topic shrouded in mystery and embarrassment for many. This is an unfortunate thing because the fact is that the process can be extremely helpful for those facing serious financial distress. Take the guidance and information in this piece to heart. It is possible to learn if bankruptcy might be the right financial solution for you.
Orignal From: Do You Need Help Filing Bankruptcy? Try These Tips
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