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Personal Bankruptcy : Don't Be In The Dark About Bankruptcy
Don't Be In The Dark About Bankruptcy
Because of the way our economy works, driven by consumer debt, bankruptcy claims are becoming increasingly commonplace. The recession has hit many people very hard. Before filing for personal bankruptcy, take some time to understand the entire process and applicable laws so that you can make wise decisions. The following article will provide you with this information.
If creditors or harassing you, take advantage of the automatic stay bankruptcy provides to immediately stop the harassment. Shouldering the burden of insurmountable debt can cause a great deal of stress. Have the safety of bankruptcy around you while you get your finances back under control, can give some measure of relief.
During the bankruptcy process, you will probably speak to your creditors on more than one occasion. If a creditor will agree to cut a deal with you, be sure to get a confirmation in writing. Any flexibility with creditors can affect the process of bankruptcy, as long as it is recorded.
It may be counterintuitive, but in some cases, pulling the trigger and filing for bankruptcy may have better credit consequences than continuing a pattern of credit delinquencies. Although filing for bankruptcy stays on your financial record for 10 years, you can immediately begin to improve your credit. A major benefit of the bankruptcy process is the ability to essentially start over.
Do not pay your taxes with credit cards that will be canceled when you file for bankruptcy. Generally speaking, taxes are not a dischargeable debt. The delays caused by this sort of tactic could leave you owing the IRS a great deal in interest and penalties. If the tax can be discharged, so can the debt. Therefore, you should not pull your credit card out for purchases if it is just going to be discharged during the bankruptcy.
If you aren't totally honest about your assets when filing a bankruptcy petition, you could get into serious trouble. Regardless of the agency you file with, ensure that you tell them all they should know about your current financial situation, regardless of how good or bad it is. Divulge all of your information so that you and your lawyer can devise the best strategy for dealing with your situation.
Take advantage of free consultations with lawyers and the ability to sift through and find the right one. Meet with the actual lawyer, not a paralegal or assistant, as they're not allowed to give out legal advice. Looking for an attorney will help you find a lawyer you feel good around.
It is important to understand clearly the benefits of a Chapter 7 or 13 bankruptcy. Get a good grasp of the pluses and minuses each type of filing involves by researching both of them extensively. If the information you read is unclear to you, take the time to go over the specifics with your lawyer before making a decision on which type you will want to file.
Keep with what you have decided to do. When you file for personal bankruptcy, you may even be able to retrieve personal property that has been repossessed. For example you may be able to get your car, electronics and even jewelry returned to you. If it has been 90 days or less between the repossession of your property and your filing, you might be able to get your property back. A lawyer will be able to assist you with filing the paperwork to get the items back.
Be sure you know the bankruptcy laws before you think about filing. For instance, a filer cannot transfer assets to someone else for at least a year before filing. Also, a person cannot legally increase their debt amount on credit cards prior to filing.
Some lawyers offer free phone services that you can refer your creditors to in regard to any delinquent accounts. Then, a creditor can just call the number to verify that the money owed them is involved with a bankruptcy settlement. That notification then puts them on notice that they need to desist from contacting you about this debt anymore.
You can still take out a car loan or mortgage while you are in Chapter 13 bankruptcy. However, there are steps which must be taken to ensure you are within the law of bankruptcy. You will need to go through various hoops in order to be approved for any new loan type. Draw up a budget, demonstrating that you can afford the new loan payment. You will also need to explain why it is necessary for you to take out the loan.
Long before you file any paperwork dealing with bankruptcy, your first step should be learning the rules and the process. You want to understand what is going to happen when you file for your specific case. You might find that your case become dismissed because of a mistake. Before you go ahead, devote a little time to research and the topic of personal bankruptcy. This will make the bankruptcy process much simpler.
Have a good look around the Internet to see what information is relevant to you regarding bankruptcy. The United States There is solid advice available from the NACBA, (Consumer Bankruptcy Attorneys' association) the ABI, (American Bankruptcy Institute) and the United States Department of Justice. Knowing is half the battle, after all, and these websites are the first step in learning what you need to know to make your bankruptcy smooth and stress-free.
You should obtain a copy of your credit report from all three reporting agencies soon after you declare bankruptcy. Check that your reports accurately reflect all your closed accounts and discharged debts. If you find any discrepancies, immediately follow up on them so you can continue to repair your credit.
Remember to have fun with your life when you're done with the filing process initially. So many people become stressed when they file. This kind of stress can take a heavy toll on your personal life, especially if you are not making any efforts to adopt a positive attitude. Life will surely get better after you finish this process.
As this article stated, the subject of bankruptcy is on many people's minds nowadays, due to the economy. To help you make good decisions regarding bankruptcy, consult with this article and use the knowledge to your advantage.
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