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Personal Bankruptcy : Steps To Keep In Mind When Thinking About Bankruptcy
Steps To Keep In Mind When Thinking About Bankruptcy
It can be challenging to face the prospect of bankruptcy. The number of options available to those with financial problems can be small. Even without perfect credit, you can still get the loans you need.
When you talk to a bankruptcy lawyer, it is critical to discuss every creditor you owe significant monies to. This obviously includes information on your credit card debts, medical bills, and other outstanding debts, but you should keep in mind that it also includes any loans that you have taken from relatives or friends.
Before making your decision to file for bankruptcy, double-check to see if other, less drastic options could make sense. For example, consumer credit counseling programs can help you by renegotiating your debts with your creditors into payments that you can afford. You might also be able to negotiate lower payments yourself, but make sure that you get written records of any debt modifications to which you agree.
If you think you have to file a petition for bankruptcy, get a lawyer who specializes in bankruptcy. The job of a bankruptcy lawyer is to clarify your need to file, stand with you before the court and make the process easier. The process won't be simply, and your attorney can help you understand the necessary paperwork.
The best bankruptcy lawyers will have a solid reputation. These are the lawyers you want to seek out. Once you have narrowed down your choices to one, call and ask if they offer a free consultation. If you can get a free meeting with the attorney, be sure to make an appointment and bring along all of your relevant financial information. They can give you details on the process.
Consider if Chapter 13 bankruptcy is an option. You are eligible to file Chapter 13 bankruptcy if your income is reliable and your unsecured debt does not exceed $250,000. This type of bankruptcy protects your assets from seizure and lets you repay your credits over the course of a few years. Lasting anywhere from three to five years, this plan will allow you to be discharged from unsecured debt. Remember that if you even miss one payment that's due under this plan, the court could dismiss the whole case.
Think before you pay debts after you've decided to file. The laws regarding bankruptcy most often prevent you from paying back some creditors for up to 90 days before filing, and friends and family for up to one year. Before making important decisions in regards to your finances, be sure you understand the laws.
Don't put everything on your lawyer. Your attorney is a professional who knows about laws regarding bankruptcy, but you should still know as much as you can about the proceedings. It might feel nice to leave everything to your attorney in the short run, but doing so could have long-term financial consequences.
When you file for bankruptcy remember that you are not going to lose all your assets. You can keep your personal property. These personal items include clothing, jewelry, household furnishings, electronics and other similar items. Your current state's laws, deciding between Chapter 7 or 13, and your current financial position will determine just how much you get to keep.
You must educate yourself first. If you decide to file your bankruptcy petition without the assistance of an attorney, educate yourself on the rules. If you are going to do it yourself, you must be sure you understand everything there is to know about bankruptcy law and procedure. Those who do their own bankruptcies often make mistakes that interfere with their ability to secure a discharge. Make sure to do every step correctly so this does not happen to you.
It is possible to re-file for bankruptcy if your first case is dismissed due to an error. The majority of the time, though, the automatic stay is in place for just one month when this occurs. If you can prove to the court that it was an honest error that couldn't be avoided, it may be possible to get that 30-day stay pushed out further to give you more time.
You can avoid bankruptcy by paying your creditors on time and paying a little more than the minimum amount. Also, making a larger payment than the minimum allowed is a great way to go. This can help you stay above water by paying off your bills quicker. Paying the minimum and blowing the rest of your money could result in falling behind again.
If you are seriously thinking of filing bankruptcy, make sure that you contact an attorney. Personal bankruptcies are detailed and complex processes, and you may miss something that costs you money. A personal bankruptcy attorney can help and guide you along through the bankruptcy process.
Before filling for bankruptcy, determine which assets will be exempted from seizure. The kinds of assets which may be exempted during bankruptcy proceedings are listed in the Bankruptcy Code. It is important to be aware of this list so you will know what assets are saved. Failure to do this could cause some ugly surprises down the road when you discover that your valuables must be seized.
Include any and all debts you need eliminated in your paperwork. Any debts omitted from the paperwork will not be covered in the discharge. It is up to you to ensure that all important information is there, so all debts are discharged.
Be sure to remind your lawyer if it seems that some details of your situation are forgotten. Don't assume that he'll remember something from a month ago; tell him again. Be as open as you can be to make sure your bankruptcy goes as well as possible.
With time, things will get better credit-wise for you, despite your having previously filed for bankruptcy. Establishing a record of saving money and paying your debts on time will increase your credit worthiness. Eventually, you will be able to brush every bit of that dirt off of your shoulders and once again be able to live a normal, credit-driven life if you so choose.
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