Personal bankruptcy is a tool that allows people to make a fresh start in their financial lives, freed from the burden of creditors calling and large debts hanging over their heads. There is a lot to learn about personal bankruptcy before deciding whether or not it makes sense for you. Continue reading to find out more about personal bankruptcy.
If you are planning to file for bankruptcy in the near future, don’t charge up your credit cards thinking that you won’t have to pay back the debt. In many states, there are rules about how much credit card debt and what kind, may be discharged in a bankruptcy. For instance, if you make purchases for luxury items, such as an expensive new TV, within 6 months prior to filing, you may be obligated to pay that amount back. On the other hand, if you used your credit card to purchase groceries, or other necessities, the rules may be different. Be sure to ask your attorney for advice.
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.
Know your rights when it comes to filing for personal bankruptcy. The last thing you need now, is a hassle from the legal professional that you hire to represent you. A few years ago, the Bankruptcy Abuse Prevention and Consumer Protection Act was made into law, in order to protect financially strapped consumers from being ripped off. Beware and be informed!
Safeguard your home. Losing your home is thought of as common in bankruptcy cases, but it is by no means inevitable. Depending on certain conditions, you may very well end up being able to keep your home. Otherwise, try looking into house exemptions that may let you remain in the home if you meet certain financial threshold requirements.
Knowing that you are required to disclose anything that you have sold, given away or transferred in the two years prior to filing can help you avoid a costly mistake. Full disclosure is required. Not disclosing everything can land you in jail or a discharge of your personal bankruptcy petition.
Be highly skeptical of any debt settlement companies. If possible, avoid using one altogether. Often times, because you are paying them monthly, they will drag their feet on your filing to make more money. They are usually unregulated, as well, which makes it difficult to fight any injustices you may encounter.
Think about any co-debtors you have prior to filing for Chapter 7 bankruptcy. Once you have filed Chapter 7, you, by law, are not responsible for any of your debts that also include your co-debtor. However, if you had a co-debtor, they will be required to pay the debt.
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.
Do not hide assets while you are preparing to go through a bankruptcy. It may be tempting to take a home and/or other property and place it in a spouse’s name, but if you get caught doing that you will face charges for fraud. The penalties being jail time and/or fines.
Be weary of creditors once you have filed for bankruptcy. These companies think because you have filed for bankruptcy, you cannot file it again for a long time. You are not risky to lend to. By accepting loans from these companies, you are putting yourself at risk for more financial turmoil.
Look into Chapter 12 bankruptcy if you are a family farmer. The purpose of this chapter is to reorganize the farming business so that it can remain operative. Chapter 12 bankruptcy can be filed by single-owner farms or partnerships. Be aware that there is a ceiling on the amount of debt for these filings.
Learn from it. Bankruptcy is a great chance for a fresh start. However, bankruptcy is not the end of problems. You must remember to use the fresh start to begin re-building your credit and learning how to budget and spend wisely. You can find a course either online or through the court to help with this.
If you see yourself racking up credit card debt again after filing for bankruptcy in the past you need to stop yourself before you end up back to square one. Cut up any credit card s that you have and get in touch with a credit counselor as soon as you can.
Don’t be embarrassed to admit the fact that you are bankrupt to your family and friends. Most people will be surprisingly sympathetic to your situation. After all, there have been several reports published that state that one third of the population on the USA are just one paycheck away from homelessness.
There is more than one option when considering bankruptcy. The two primary types are Chapter 7 and Chapter 13. Chapter 7 should be considered when there is serious financial trouble. It assists you in liquidating appropriate assets and eliminating large debts. If there is a possibility with structured payment plans that you will use to repay your credits, then you may wish to consider Chapter 13, which will enable you to keep some of your major assets.
Many people experience financial crises in their lives, sometimes due to things outside of their control. Personal bankruptcy is a legal tool to help deal with these types of situations, allowing people to get out from under a bad financial situation. Investigate your options with personal bankruptcy and see if it is the answer you have been looking for.