Deciding to file for personal bankruptcy is a very serious decision to make. It will have repercussions that will follow you for the rest of your life. Bankruptcy laws are not easy for non-lawyers to understand, but the information in this article will help explain what bankruptcy is, and how it can benefit you.
Do not hesitate to remind your lawyer of any details regarding your case. Don’t assume that he’ll remember something from a month ago; tell him again. Speak up if something is troubling you, as this is your future we are talking about here.
Do not give up. Bankruptcy might help you get back things you thought you’d lost and had repossessed, such as electronics, vehicles and jewelry. If you have any property in repossession that was taken less than three months before filing for bankruptcy, then there are good odds that you can get your property back. Speak to a lawyer who will be able to help you file the necessary paperwork.
If you can, keep some of your debt out of your bankruptcy. Work on paying down this debt yourself, or especially if you can negotiate a lower rate or new payment terms. This will help to preserve your credit rating, to some extent, because bankruptcy itself will do a number on your score.
As tempting as it may be, do not run up credit cards right before filing for bankruptcy. Many times, people purchase expensive items, like jewelry, appliances and furniture right before they know they are going to file for bankruptcy. Most of the time, they are still going to be responsible for paying back this debt.
Find out the real reason you are filing for bankruptcy. What happened in your life that brought you to this place? What do you need to do to make sure that you can move on? What actions do you need to take before you can be sure that this will never happen again?
Before you file for bankruptcy, make sure that you sort out your taxes. When you file, the bankruptcy trustee will need to see your tax return from last year and possibly even your tax return from two years ago. If you have these documents ready, your bankruptcy attorney will be able to ensure that the whole bankruptcy process is carried out as quickly as possible.
Don’t put off bankruptcy forever. You might be better off filing early rather than juggling your debt for years. If you aren’t sure what to do, search for a nonprofit agency that helps consumers navigate bankruptcy. These experts can advise you about the best time to file and can share information about what to expect. Many of these agencies provide classes or workshops about managing credit as well.
Be fully educated about the rules of bankruptcy. If the courts were to find that you have disregarded any of the rules in place, your petition could be dismissed. Laws prohibit picking and choosing some debts to pay off prior to filing for bankruptcy. Family members cannot be paid off within one year of filing and creditors are limited to ninety days.
Be certain to grasp the distinction between Chapter 7 and Chapter 13 bankruptcy cases. Chapter 7 eliminates all debts. Your responsibilities to your creditors will be satisfied. 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.
Make sure that you have all of your essential financial information and documentation in hand before you file for bankruptcy. Your bankruptcy attorney will need access to your financial information and other important documents, in order to complete your petition. This information will include: a detailed list of your monthly expenses, information about any real estate that you own, bank statements and any documentations pertaining to the ownership of a house or automobile.
If you are unsure about the paperwork that you need to bring with you when you meet with an attorney, ask. Also, inquire as to whether the lawyer you are meeting with offers free consultations. You do not want to be surprised by a large fee just for them taking a look at your case.
Always hire an experienced bankruptcy attorney before filing for bankruptcy. Bankruptcy is a lengthy, stressful process. A good attorney can make the process as fast, and painless as possible. Opting to file for bankruptcy without first seeking legal advice from a good attorney, could result in your bankruptcy petition being thrown out of court by a judge.
Talk with your lawyer about getting lower payments for any car you wish to keep. Sometimes, as part of the bankruptcy filing, your auto loan can be restructured so that you pay less each month. Here are the qualifications in regards to your vehicle: you must have bought it nine hundred and ten days or more before filing for personal bankruptcy; your loan must carry high interest; your work history must be steady and solid.
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.
Do not assume that declaring bankruptcy will leave you homeless, or without transportation. Depending on how your bankruptcy is set up, you may be able to stay in your home or keep your automobile, so long as you continue to make payments on your car loan or your mortgage.
As you know, filing for bankruptcy is a major decision that can have a huge impact on your life. By carefully studying this article, you should now have a much better understanding of America’s bankruptcy laws, and you should be able to decide whether or not filing for personal bankruptcy will benefit you and improve your particular financial situation.