Making The Right Decisions When Filing Bankruptcy
Repossessions, late fees and legal action due to financial hardships can be difficult to bear. You can stop calls from debt collectors and resolve your financial issues if you consider filing for bankruptcy. Take a few minutes to go over this article and make good use of the tips presented.
Many people find that they must file for bankruptcy protection because they have more debt than they can afford to repay. If you’re in this position, it is a good thing to familiarize yourself with the laws that apply in your area. Each state has its own set of rules regarding bankruptcy. For instance, in some states, you can’t lose your home to bankruptcy, while in other states, you can. Become acquainted with local bankruptcy laws before filing.
Think twice if you have struck upon the idea of paying off your taxes by credit card and subsequently filing for personal bankruptcy. In many parts of the country, you cannot get this debt discharged, and in the end you will be left owing the IRS a big sum of money. If the tax can be discharged, so can the debt. If you live in an area where tax can be discharged through bankruptcy, financing your tax bill is pretty pointless.
Do not pay your taxes with credit cards that will be canceled when you file for bankruptcy. Generally, this type of debt is not covered by bankruptcy filing, and you will still have a large debt owing to the IRS. Remember that if you can discharge the tax you can discharge the debt. So, there is no reason to use your credit card if it will be discharged in the bankruptcy.
Credit History
Before you proceed with your personal bankruptcy case, review your decisions to be certain that the choice you are making is the right. Look into other options, such as consumer credit counseling. Since your credit history will forever note the bankruptcy, you want to make sure that you have tried everything else before you take an action such as this, in order to minimize the effect it will have with regard to your credit history.
It should go without saying, but refrain from lying in your bankruptcy filings. To avoid problems, penalties and future re-filing bans, resist the urge to hide documentation or assets.
Think about all the choices available to you when you file for bankruptcy. There are many recouses available to help you lower your payments and get back on track. Loan modification plans can be helpful for those facing foreclosure. There are a lot of ways that your lender can assist you, such as reducing interest rates, eliminating late fees, or extending the term of your loan. At the end of the day, creditors want to get paid, and sometimes a debt repayment plan is preferable to dealing with a bankrupt debtor.
Prior to putting in the bankruptcy paperwork, determine what assets are protected from seizure. The Bankruptcy Code provides a listing of the various asset types that are not included in the bankruptcy process. It’s crucial to read that list before filing to see which of your prized possessions can be seized. Failure to do this could cause some ugly surprises down the road when you discover that your valuables must be seized.
You should be able to meet with a specialized lawyer for free to ask your questions. Almost all lawyers will give a free consultation, so meet with more than one before making a decision on whom to hire. Only choose an attorney once all your concerns are answered to your satisfaction. After the consultation, you are not immediately required to come up with a decision. This allows you time to speak with numerous lawyers.
Bankruptcy Laws
If you have a co-debtor, consider the ramifications that filing a Chapter 7 bankruptcy will have. Once you file for Chapter 7 bankruptcy protection, you no longer have legal responsibility for debts that you and any co-signers originally agreed to. This does not dissolve any co-signers of the debt, and your creditors will continue to try and collect from them.
Speak to a bankruptcy attorney about what new laws may be going into effect before your bankruptcy filing. Bankruptcy laws change a lot and before making the decision to file, you need to know what you are getting yourself into. Your state will have a website to check, or a number you can call, to learn the latest changes in the bankruptcy laws.
Before you decide to declare bankruptcy, make sure that a less-drastic solution isn’t more appropriate. For example, you want to look into credit counseling. This is the best option for small debts. Some creditors will work with you to help you pay off your debt with lower interest rates, lower late fees, or an extended loan period.
Filing for bankruptcy is a possibility, but you should consider other options first. You must remember that some debt consolidation services really are just a scam, and using them will result in even more debt for you. Avoid debt in the future and make good financial choices by committing the tips presented here to memory.
If you decide to file for bankruptcy, it’s important that you’re educated about your rights. Some debt collectors like to say that you cannot file for bankruptcy on these debts. Only a small number of debts are not dischargeable, including student loans and child support obligations. If a collector tells you your debt won’t be discharged in your bankruptcy and you know that it will, report the collector to the attorney general’s office in your state.