Why Personal Bankruptcy Can Work For Some And Not Others
Just thinking about bankruptcy is more than enough to strike substantial fear into anyone’s heart. Ever increasing debt, along with the difficulty of supporting a family is very frightening for some people. Does the thought of this scare you? Perhaps you are going through it right now, and the advice found here can help your situation.
Many people need to file for bankruptcy when they owe more money than they can pay off. When you get into this situation yourself, your first step is to familiarize yourself with your local bankruptcy regulations. Bankruptcy rules vary by jurisdiction. In some states, your home is protected, while in others it is not. Do not file before learning about the bankruptcy laws in your state.
Credit Card
Do not attempt to pay your taxes with your credit cards and subsequently file for bankruptcy. The fact is that the credit card debt will be ineligible for discharge, and your tax debt may increase. Bear this in mind; if the tax can be discharged, then the debt can be as well. Therefore, you should not pull your credit card out for purchases if it is just going to be discharged during the bankruptcy.
If you are feeling like you are seriously going to have to file for bankruptcy then do not clear out your savings. You should not use your retirement savings unless the situation calls for it. Your savings accounts offer valuable financial security so try to leave them intact.
Make sure you keep reminding your attorney about any important details in your case. Lawyers are people too, and sometimes they forget important information and need to be reminded. It is in your best interest to speak out. You are in control of the outcome of your bankruptcy.
It’s not uncommon to learn soon after bankruptcy that you are unable to get an unsecured credit card easily. If you are in this situation, applying for a secured card may be the answer. This at least shows you are making an honest attempt at reestablishing your credit worthiness. After a certain time, you will then be able to acquire credit cards that are unsecured.
Determine which assets won’t be seized before filing for bankruptcy. The Bankruptcy Code contains a list of various assets that are excluded from bankruptcy. Be sure that you study this list. Make yourself aware of any assets you have that could be seized. If you fail to do so, things could get ugly.
Chapter 7
Be certain to grasp the distinction between Chapter 7 and Chapter 13 bankruptcy cases. In Chapter 7 bankruptcy, your debts are all eliminated. All of your financial ties to the people you owe money to will disappear. Chapter 13 bankruptcy allows for a five year repayment plan to eliminate all your debts. You must know about the different bankruptcy types, and how each can affect you.
Learn and gain a firm grasp of the differences in applying for Chapter 7 bankruptcies versus Chapter 13 bankruptcies. Read up on the topic and familiarize yourself with the benefits and drawbacks of both variations. Learning about bankruptcy is not simple, so call a bankruptcy attorney to make an appointment to ask questions.
Chapter 13
Chapter 13 bankruptcy might be a good option, so don’t overlook it. With a regular income and unsecured debt below $250,000, Chapter 13 is probably best for you. When you file for Chapter 13, you can use the debt consolidation plan to repay your debts, while retaining your real estate and your personal property. These kinds of plans usually range across 3, 4 and 5 years. Once this is done, all your unsecured debt will get discharged. Remember, though, that if you fail to make even one payment, the case will be thrown out and you’ll be right back where you started.
Many people are frightened of bankruptcy, and rightly so. While it may have frightened you previously, you should fear bankruptcy no longer after reading this article. By using the tips and information you’ve gathered here, you will be able to face your fear head on and look forward to a brighter financial future.