Making the choice to file for personal bankruptcy is something that many find difficult, if not excruciating. But, armed with the right knowledge and information, it is possible to view the process as the best way to achieve a needed fresh start in your personal finance, and not something that must be dreaded. Put the tips in this article to work today and gain new perspective on what bankruptcy can do for you.
Consider filing Chapter 13 rather than Chapter 7, if you are facing foreclosure. A Chapter 13 bankruptcy allows you to create a restructured payment plan which includes your mortgage arrears. This will allow you to get your mortgage payments current, so that you won’t lose your home. Chapter 13 doesn’t require you to turn over property, so you don’t have to worry about the homestead exemption, either.
It is important to know that with personal bankruptcy, you still will be able to open a bank account. It is critical that you know this because it is actually somewhat easy to sign up for a free account with credit unions and banks. The only place that you might run into an issue is with a commercial account.
If you act early enough, you may be able to take advantage of Chapter 13 bankruptcy, instead of Chapter 7. Chapter 7 is the traditional “liquidation” bankruptcy, which will involve selling off your assets. In contrast, Chapter 13 is a repayment bankruptcy. You will have to pay off a portion of your debt, but you can hang onto your property.
Once you have filed for bankruptcy, do not discontinue payment on secured loans. These loans are the ones for your car or your home. Even if you are not receiving paper bills or statements on these accounts, make the regular payment on time, each month. These are likely the possessions you do not want included from the bankruptcy.
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.
Once you determined that you want to file for bankruptcy, it is important that you figure out which kind is best for you to file. For instance, with Chapter 7 most of your debts will be relieved, and you can keep certain aspects. With Chapter 13 your debt gets reconstructed, and you are given a certain amount of time to pay it off.
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.
If you have to file bankruptcy, get a lawyer to look over your paperwork before you file. Bankruptcy laws can be very complex, and if you do not have a lawyer, you can get yourself in trouble. Not only are there legal issues that you could face, but you could also end up losing property and cash that you think are protected.
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.
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.
As part of the new bankruptcy rules passed in 2005, you are required to complete debt management counseling within six months of filing your petition for bankruptcy. If you are unsure about choosing a reputable agency, contact your local Better Business Bureau for assistance in choosing a qualified credit counselor.
Hire a lawyer. Filing for bankruptcy does not require a lawyer, but a lawyer makes the process easier. It allows you some degree of relief to know, that a professional will be handling your case. Take your time, and choose a lawyer with a lot of experience in the field.
It is certainly true that the prospect of bankruptcy is a topic feared by many. Much of the worry and hesitation surrounding the filing personal bankruptcy stems from insufficient knowledge on the part of consumers. By studying the guidance and advice in the piece that follows, it is possible to better understand what bankruptcy means and does for debtors, and how best to optimize the process.