Financial difficulties, such as, high credit card debts, a job loss, illness or other expenses can put a family into a deep financial hole that they cannot climb out of. Personal bankruptcy, while not always the best solution, does offer a way out for some people. Continue reading for some tips on personal bankruptcy and whether it makes sense for you.
The best plan for dealing with bankruptcy is to avoid it in the first place. Probably the best way to prevent financial problems is to plan ahead and have adequate savings to fall back on. Most financial experts advise their clients to keep a savings account of at least three months income.
Know the facts. Contrary to popular belief, you can actually get credit after you file for bankruptcy. In fact, most who file already have very poor credit and filing for bankruptcy will put them on the only possible road to ever establishing good credit again. Your financial life will not end upon filing.
Take some time each day to stop thinking about your bankruptcy. It can seem like a thought you cannot get out of your head, but it is important to step away from the situation before you become too upset. Not only that, but removing it from your thoughts allows you to bring a fresher, more optimistic perspective to the table when you take up the subject again.
A useful tip for those thinking about filing for personal bankruptcy is, to keep in mind that any damage to your credit history caused by the filing is temporary. While there is no doubt that your score will take a noticeable hit, following your bankruptcy discharge, by using the process to start fresh. You have the ability to put yourself on a stronger financial footing going forward. This will allow you to rebuild your credit score faster than you may expect.
Don’t let bill collectors mislead you. When you discuss bankruptcy with some bill collectors, they may tell you that bankruptcy will not affect them, and you will still have to pay them. They are not being honest, all of your bills can be covered depending on the bankruptcy option that you fiel.
If you are hiring a lawyer, don’t be afraid to speak up. Don’t assume your lawyer knows everything. If you have concerns, voice them. If there are things you feel your lawyer is overlooking, remind them. Don’t be shy about it. Repeat any crucial information that might have been glossed over.
Do not take filing for bankruptcy lightly. Remember, your bankruptcy will appear on your credit report for ten years after you file, and you are unable to file again for six years. You may have a difficult time securing credit or low interest rates in the future, so make sure that you save this option until you truly have no alternatives.
See what the value is on your home. If you are upside down on your mortgage, you may be able to eliminate your second mortgage. The main guideline for this is that your home must be worth more than what you owe on the first mortgage. This could really help your financial situation by relieving you from that large second mortgage payment each month.
If you are facing a necessary filing for bankruptcy, take a break from your troubles. After seeking reliable legal advice but before signing on the dotted line, give yourself a few days to think it all over, make sure you have disclosed everything and that you have selected the best options. Bankruptcy is permanent and you will live with consequences for a long time to come.
Visit your primary care doctor for a complete physical prior to filing for bankruptcy. If you wait until after you begin the process, you will not be able to claim your medical bills on your bankruptcy. This is especially helpful if you do not have any kind of health insurance.
Do not wait too long to file for bankruptcy, if that is what you are going to do. By waiting a long period of time, you are just allowing your debt to keep piling up. Once you have decided that filing for bankruptcy is the right choice, start the process right away!
As you prepare to file bankruptcy, you must prepare a list of all your assets. This includes any financial resources, such as financial accounts, titles to real estate holdings or vehicles, and anything you own that exceeds $500 in value. Having this information handy and accurately documents makes the whole process of bankruptcy go much smoother.
A good personal bankruptcy tip is to obviously be as honest as possible when you file for bankruptcy. Some people try to take advantage of the system by committing bankruptcy fraud, but they forget that by signing the dotted line, they’re under oath. You don’t want to deal with the consequences of bankruptcy fraud.
Put the date for your 341 meeting with creditors on your calendar as soon as you get it, so that you don’t forget this meeting. You need to attend the 341 meeting and answer all of the trustee’s questions as honestly as possible, in order to get your debts discharged.
When you file bankruptcy, you want to avoid finding yourself in similar dire financial circumstances, so planning for and making a post-bankruptcy budget is a good idea. When you can create such a budget and stick to it after bankruptcy, you are far less likely to find yourself in the same position in the future, ensuring you are more financially free.
Speak up, when necessary, to remind your lawyer about certain facts regarding your case. Just because you have previously told the lawyer the same information, does not necessarily mean it is remembered. At the end of the day, it is your bankruptcy filing and your financial future, so ensuring your lawyer knows everything that is essential to your case is important – even if it means you have to repeat it a second time.
Chapter 7 Bankruptcy
Don’t file for Chapter 7 bankruptcy just to avoid foreclosure. You probably will only get temporary relief if you do this because you’ll have to reaffirm your mortgage in order to go through with the bankruptcy. In some cases, you may end up losing your home if you file for this type of bankruptcy.
Familiarize yourself with the requirements for different types of personal bankruptcy so, you can decide which type is most appropriate for you. Chapter 7 bankruptcy offers low-income debtors the ability to liquidate their assets to repay debts. Chapter 13 requires you to have a steady source of income so, that you can repay debts over time.
Clean up your credit record after ten years. When you file Chapter 7 bankruptcy, it remains on your credit report for ten years. However, the credit bureaus are not required to remove the information. In order to get rid of the bankruptcy record, write a letter to the credit reporting agencies, along with a copy of your discharge notice. Follow this up with a phone call to make sure that they have removed the bankruptcy record.
See what your options are. Just because you stop receiving bills when you file for Chapter 7 bankruptcy, doesn’t mean you are off the hook for paying them. Although you don’t have to pay every bill if you cannot afford to, it is especially important to keep up with payments for any possessions you hope to keep, like your home and auto.
Many times, when a debtor files for Chapter 7 bankruptcy, their home can be protected. This is because of the homestead exemption. This exemption can protect the home, if the debtor owes below a certain threshold. Laws concerning this exemption do vary between states. Be sure to consult with a bankruptcy attorney before, assuming your home is safe from liquidation.
Continue to pay certain bills. Once you file for Chapter 7 bankruptcy, you won’t receive any more collection calls, and you may cease to receive certain bills. Remember that you are still under obligation to pay for your ‘secured possessions’, such as your home or vehicle, or you may lose them.
Decide which chapter of bankruptcy you need to file so you can retain as much of your assets as possible. Depending on your situation, filing a chapter 7 bankruptcy may be right for you, as you are able to keep most of your assets. However, other types such as chapter 13 may be better since you can restructure your debt into affordable payments.
Find out what the homestead exemption limit is in your state before filing for Chapter 7 bankruptcy. If you have too much equity in your home to qualify for the exemption, you could lose your house in the bankruptcy. You can’t change your mind once you’ve begun the process, so make sure you will be able to keep your home before you file.
Get a secured credit card after filing for Chapter 7 bankruptcy. A secured card requires you to put down money in order to open the account. However, if you use the card responsibly and pay it off every month, you can raise your credit score. So, within a few years of filing, your credit will be good enough to get you into an apartment or allow you to purchase a new vehicle.
Think carefully before filing Chapter 7 bankruptcy. While Chapter 7 bankruptcy (irreversible insolvency) will effectively get rid of all your debts, allowing you to start afresh, it will also be on your credit report for 10 years. This will greatly reduce your chances of getting any type of credit in the future. Consult with a bankruptcy attorney – he or she may be able to suggest a different form of debt relief that won’t have such a damaging effect on your credit.
As you can probably see, personal bankruptcy is an involved process that requires you to disclose a large amount of personal information. There are many alternatives to filing for bankruptcy. A clear assessment of your financial situation can help you make the best decision regarding personal bankruptcy and whether it is the right choice for you.