The Good And The Bad Aspects Of Filing For Personal Bankruptcy
Many people these days have fallen deep in to debt. Filing chapter 7 or 11 can be the last option for many people. If you are having financial difficulty, it is a good idea to research all your options, including bankruptcy. Read the following paragraphs to decide if this path is one that you should take.
Do not use your retirement fund or savings to pay off creditors. You should never touch your retirement accounts, unless you have absolutely no choice. You may need to tap your savings, but don’t empty your savings account, as this could leave you in a difficult situation down the road.
If you can, get a word-of-mouth referral for a lawyer. There are a number of companies who may take advantage of your situation, so always work with someone that is trustworthy.
Try to make certain you are making the right choice prior to filing your petition. You can find services like counseling for credit that consumers can use. Bankruptcy permanently affects your credit, so avoid filing until you have exhausted all of your other options.
You should never give up. Once bankruptcy has been filed, you may be able to regain possession of items such as electronic goods or cars that were taken away from you. There is a chance that you can get back your property if it has been less than ninety days since repossession. Speak with your attorney about filing the correct petition to get your property back.
Be sure to weigh all of your options before deciding to file for personal bankruptcy. If you owe small amounts of money, you can join a counseling program or straighten your finances out by yourself. Also, you could try to get your payments lowered on your own. If you decide to do this, get a copy of anything you agree to.
Chapter 13
Before filling for bankruptcy, determine which assets will be exempted from seizure. The Bankruptcy Code contains a list of various assets that are excluded from bankruptcy. It’s crucial to read that list before filing to see which of your prized possessions can be seized. Without reading the list, you may be shocked at which possessions can be taken from you.
There are two types of personal bankruptcy: Chapter 7 and Chapter 13. Make sure you know what each entails so you can make the right choice. Under Chapter 7 type bankruptcy, all debts are forgiven. You will be removed from any contracts you have with your creditors. Chapter 13, on the other hand, involves a five year payment period before any remaining debts are cancelled. You need to determine which type of bankruptcy is right for you given your unique financial situation.
Remember to only file for bankruptcy if you need to. It might be possible to consolidate some of your debt instead. Going through the bankruptcy process is a long drawn process which at times can be incredibly stressful. You will have trouble getting credit down the line. Thus, you must make certain that bankruptcy really is the only viable solution to your problems.
Before you file for personal bankruptcy, weigh all of your options. You might be able to address your debts by arranging a repayment plan or a reduction in your interest rates. Get professional advice on these matters from a bankruptcy lawyer. Loan modification plans can help if you are dealing with foreclosure. Sometimes your lender will work with you to help pay off your debt by giving you a lower interest rate, forgiving late fees, or extending the time period of your loan. Ultimately, creditors want their money, and many times repayment plans are preferable to a debtor that is bankrupt.
Hire a lawyer if you plan on filing for bankruptcy. There are many different aspects to filing bankruptcy, and you may not understand everything there is to know. A personal bankruptcy lawyer will be able to help you and ensure you are doing things the proper way.
After you have finished with the initial process of filing, you can relax and take a breather. Filing is the most intensive step in the process, so afterwards it’s important to let go of some of your stress. Make sure you take care of your part and let your attorney do the rest. You must realize that things will get better over time.
Chapter 7
When you are looking at a Chapter 7 personal bankruptcy, you may well have debts to worry about for which you share responsibility with another person, such as a spouse, family member, or business partner. Once you have filed Chapter 7, you, by law, are not responsible for any of your debts that also include your co-debtor. So, in short, if you file bankruptcy, but they do not, they will be held completely responsible for your joint actions.
Do some research about laws and legislation before filing. Bankruptcy laws are always changing, and you need to be aware of any changes so your bankruptcy can be properly filed. To stay up-to-date on these laws, check out your state’s government website.
Make sure that you act at the appropriate time. Timing is very important when it comes to personal bankruptcy filings. Sometimes it is the best option to file quickly, whereas in other situations filing should be put off until the worst has already passed. The professional advice of a bankruptcy lawyer can help you pin down the best time to file given your current financial state.
If you are forced to file for bankruptcy, you should avoid being ashamed of yourself. This process is less that glamorous, and it makes most people lose their self-esteem. Although dealing with a bankruptcy is stressful, try to focus on the positive. Keeping an optimistic view as you deal with your financial woes is the most productive way of dealing with a bankruptcy.
Hopefully, you now understand that there are many options open to you when you are giving a personal bankruptcy filing serious thought. By embarking on the process with sufficient knowledge and with the right frame of mind, it is possible to gain a fresh financial start.
Before you decide to declare bankruptcy, make sure that a less-drastic solution isn’t more appropriate. For example, consumer credit counseling programs can help you by renegotiating your debts with your creditors into payments that you can afford. Also, you could try to get your payments lowered on your own. If you decide to do this, get a copy of anything you agree to.