Bankruptcy is a huge financial decision and should not be lightly considered. Keep reading the ideas in the piece that follows in order to understand what you can expect and what ought to go into making such a major decision. Learn as much as you can beforehand.
Individuals often seek to file for personal bankruptcy protection if their debts exceed their ability to repay them. If this is your case, you should do some research about bankruptcy laws in your state. Each state has their own bankruptcy laws. For instance, your home might be protected in some states while you might lose it in others. You should be aware of local bankruptcy laws before filing.
Don’t throw in the towel. 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. If it has been fewer than 90 days since you filed for bankruptcy, it is possible for you to get repossessed property back. Talk with an attorney who can guide you through the process of filing a petition.
One of the best ways to learn more about the bankruptcy process is to hit the Internet and look up reputable bankruptcy websites. The United States Department of Justice, the American Bankruptcy Institute and the National Association of Consumer Bankruptcy Attorneys, all provide valuable information. The more you know about it, the better you are able to make the best decision for your situation and to make sure that the bankruptcy proceedings move forward with minimal setbacks.
Any bankruptcy consultation should be free of charge. Most lawyers offer free consultations, so talk to a few before making your decision. Only make a decision after you have met with several attorneys and all of your concerns and questions have been addressed. You don’t need to decide what to do right away. After your consultations, do some additional research on each attorney you consider qualified for the job.
Learn the differences between Chapter 7 and Chapter 13 bankruptcies. In Chapter 7 bankruptcy, your debts are all eliminated. You will no longer be liable for any money that you owe to your creditors. But, with Chapter 13, you will be in repayment plan for about 5 years prior to any debts you have being totally dissolved. You need to be aware of the pros and cons of each type of bankruptcy so you can correctly select the best choice for your situation.
Always be honest and forthright when it comes to your bankruptcy petition. Not hiding any assets or income is essential for avoiding possible penalties and your ability to re-file at some point in the future.
Safeguard your home. Filing for bankruptcy doesn’t automatically involve losing your home. Depending on if your home’s value has gone down or if it has a second mortgage, you might be able to keep it. Additionally, some states have homestead exemptions that might let you keep your home, provided you meet certain requirements.
Find out if you can use Chapter 13 bankruptcy, as it may help you better than the other laws. You are probably eligible for Chapter 13 if your income is consistent and your unsecured debt is under $250,000. Declaring bankruptcy can assist you in consolidating your debt so you can repay it more easily. It usually takes three to five years to fulfill this plan. When the time is up, you’re unsecured debts will be discharged. Stay mindful that should you for any reason miss even one plan payment, your whole case is going to get thrown out by the court system.
This article has probably helped you see that bankruptcy is a process that involves a lot of planning. There are a lot of things that need to be done and done correctly. If you use the advice from this article, everything will be properly taken care of when you file for bankruptcy.
Be warned that after your bankruptcy, you may stand out as a leper to credit institutions. You may be unable to get a simple credit card. If this happens to you, think about applying for a couple of secured credit cards. This demonstrates to creditors that you are making a good faith effort to repair your credit. Once you’ve built up a history of on-time payments, you may start getting unsecured credit again.