When You Need To File For Personal Bankrupcy
Do not be alarmed if you find yourself falling further into debt or have contemplated bankruptcy. There are countless resources available online to help you avoid the ruins of going through a bankruptcy. This article can help you take steps to avoid bankruptcy, and how to handle it if you must file.
Many people need to file for bankruptcy when they owe more money than they can pay off. If this sounds familiar, you should read up on the bankruptcy laws in your state. Most states differ in their laws governing bankruptcy. In some states, your home is protected, while in others it is not. It is important to be cognizant of the laws in your state before filing for bankruptcy.
Visit web sites and read information to learn as much as possible about the topic of personal bankruptcy. The US DOJ, the NACBA, and the ABI all have useful information. You need to spend some time gathering valuable information so you can file your bankruptcy with confidence.
One critical element for anyone filing a petition for bankruptcy is to be honest in everything you do. You can lose the right to file bankruptcy now or in the future if you try to withhold information about your assets and income. So it is critical that you disclose everything honestly to to avoid that and any other penalties the trustee might impose if he discovered your attempt to hide information from the court.
Unsecured Credit
After filing for bankruptcy, you could have trouble acquiring unsecured credit. If that’s the case, it is beneficial to apply for one or even two secured cards. That will show lenders that you are committed to rebuilding your credit. In time, you might be granted unsecured credit again.
Try going to a personally recommended bankruptcy lawyer instead of using a phone book or the Internet. There are many companies who take advantage of financial desperation; that is why it is important that you get someone that is trustworthy.
Remember to understand the differences between Chapter 7 bankruptcy and Chapter 13 bankruptcy. If Chapter 7 is what you file, your debts will get eliminated entirely. Any debts that you owe to creditors will be wiped clean. If you file using chapter 13 bankruptcy, you will go through a sixty month repayment plan prior to all your debts being completely dissolved. It’s crucial that you know the differences between all of the various kinds of bankruptcies so that you may choose the best option for your situation.
Make sure you know how to differentiate between Chapter 13 and Chapter 7. Research them online to see the positive and negative aspects of each one. Engage your attorney in a conversation about each type, and ask him to answer any questions you may have before deciding which kind is right for you.
Chapter 13 Bankruptcy
Find out if you can use Chapter 13 bankruptcy, as it may help you better than the other laws. If your source of income is regular and your unsecured debt is less than a quarter million, Chapter 13 bankruptcy is something you are able to file for. The benefit of this plan is that you retain personal belongings and private real estate and your debts are repaid by an organized payment plan. The plan is usually for a term of three to five years, and a discharge will be granted at the end of that term. Consider that if you even miss one payment, your case will not be considered by the court.
Make sure you understand your rights as you file for bankruptcy. Some debt collectors like to say that you cannot file for bankruptcy on these debts. There are not many debts that can not be bankrupted, student loans and child support for example. If a bill collector attempts to say their bill cannot be discharged, look it up. If they are wrong, report them.
You can better your financial situation with good planning. The more time you can obtain for yourself, the better off you will be. Every little bit helps when you are working to get out from under the threat of bankruptcy. So get to it and devise a plan so that you do not have to file for bankruptcy.