Advice For People Who Need To File Bankruptcy
It’s difficult for anyone to file bankruptcy, but sometimes it can be the only option. It will be easier to go through the process if you have a good idea of what is involved. Keep reading to learn some solid advice for navigating the treacherous world of bankruptcy.
Once a person’s debts outstrip his or her ability to repay them, bankruptcy may be the only option left. Study the laws in you state to learn what you need to do and what your options are. Most states differ in their laws governing bankruptcy. In a few states, they see to it that your house is protected. This is not the case when it comes to other states. You should be aware of local bankruptcy laws before filing.
Before making the decision to file for bankruptcy, be sure to do some research and learn all you can about the subject. There are many websites available that offer this information. The U.S. DOJ, along with a number of other bankruptcy institutes and attorneys specializing in bankruptcy can give you invaluable information. You will find that the process of filing for personal bankruptcy is easier and less of a hassle with the more information on the subject you gather ahead of time.
Avoid exhausting your savings or emptying your retirement accounts to pay off creditors if you are considering filing for bankruptcy. Unless there are no other options, your retirement funds should never be touched. Though you may need to use a bit of your savings, try hard to maintain some of your reserves so that you have some degree of flexibility going forward.
If you are planning to file for bankruptcy, be sure to learn what types of assets you will be able to keep and which can be seized. The Bankruptcy Code lists the kinds of assets which are exempted when it comes to the bankruptcy process. Be well prepared for bankruptcy by reviewing this list. It will tell you whether are not the things you value most are subject to seizure. You may find yourself unpleasantly surprised when the things you value the most are taken from you without warning. This is why it is very important the familiarize yourself with this list.
Weigh all of your options before declaring bankruptcy. Those with smaller debts may find use in a program for consumer credit counseling. You can also talk to creditors and ask them to lower payments, but be sure to get any debt agreements in writing.
Chapter 7
You need to educate yourself on the differences between Chapter 7 and Chapter 13. Chapter 7 bankruptcy completely wipes out your debt. Any debts that you owe to creditors will be wiped clean. In a Chapter 13, though, you’ll be put on a payment plan for up to 60 months before being free of your debts. Both options have advantages and drawbacks, so do your research before deciding.
Always protect your house. Bankruptcy filings don’t necessarily have to end in the loss of your home. Whether you get to keep your home depends on a few things, including its value and whether you have debts like a second mortgage or HELOC. If you meet certain criteria, you may be able to retain ownership of your home even after filing for bankruptcy.
Before you file for bankruptcy, make sure you absolutely need to. You may well be able to regain control over your debts by consolidating them. A bankruptcy filing takes a great deal of time, and it can be extremely stressful. You will have trouble getting credit down the line. You have to make certain that you absolutely have no other choice.
Although people don’t want to file bankruptcy, it’s sometimes necessary. Having read the preceding piece, you now possess critical insight and knowledge offered by those with actual prior bankruptcy experience. By learning from others who have been there before, it will make things a lot easier on you.
