Saturday, June 21, 2014

What To Know Before You File For Bankruptcy

By Stacey Smith


The circumstances that culminate in a bankruptcy filing are likely unpleasant, though they do not need to define the rest of your life. You are being given the opportunity to start again with a debt-free slate. Continue ahead to learn how you can smooth out the bankruptcy process so it's not a financial disaster.

Before making the decision to file for bankruptcy, be sure to do some research and learn all you can about the subject. There are many websites available that offer this information. You can learn a lot on the U.S. DOJ, along with a number of other bankruptcy institutes and attorneys specializing in bankruptcy can give you invaluable information. The more you know, the more you'll know that you've made a wise decision and the you're making sure your bankruptcy goes as smooth as possible.

If you are planning to file for bankruptcy, be sure to learn what types of assets you will be able to keep and which can be seized. The Bankruptcy Code has lists of various asset types that are exempt during the process. Make sure that you review this list before you decide to file, to see if you can hang on to your most important possessions. You may find yourself unpleasantly surprised when the things you value the most are taken from you without warning. This is why it is very important the familiarize yourself with this list.

Make sure you keep reminding your attorney about any important details in your case. Don't assume that he will remember something you told him weeks ago. Your case and future are affected by the attorney's action, so never be afraid to communicate.

You might find it difficult to obtain an unsecured credit card or line after emerging from bankruptcy. Since it is important that you work to rebuild your credit, you should instead think about applying for a secured card. When you do this, it shows your determination to fix your credit history. It will take time, but when creditors see a pattern that satisfies their need to see your good faith with payments, you will then be able to apply for unsecured cards.

Before picking a bankruptcy lawyer, speak with more than one, since most offer a consultation for free. It is important to meet with the actual lawyer, because paralegals or assistants cannot give you legal advice. Looking for an attorney will help you find a lawyer you feel good around.

Seek a less serious option prior to filing for bankruptcy. If you owe small amounts of money, you can join a counseling program or straighten your finances out by yourself. You may also find success in negotiating lower payment arrangements yourself, but be certain to get any arrangements with creditors in writing.

Consider Chapter 13 bankruptcy for your filing. Chapter 13 bankruptcy is a good choice for people whose unsecured debts amount to lower than $250,000 and who receive a regular income. By filing this way, you can hold onto your home and property, while repaying debts through debt consolidation. Typically, any plan you develop will last around 3-5 years. Afterwards, any remaining unsecured debts will be discharged. Remember that missing a payment to the plan will result in your case being dismissed.

Make sure bankruptcy is truly your only option before filing. Find out if you can receive a reduced interest rate or altered repayment plan instead of bankruptcy filing. Loan modification plans can help if you are dealing with foreclosure. Some lenders will make concessions rather than losing the money owed to bankruptcy. These concessions include waiving late fees, lowering interest rates, and changing the loan term. Creditors want their money. Often, they are willing to work out repayment plans with you in order to get it.

Make sure that you act at the appropriate time. When it comes to filing for personal bankruptcy, timing is vital. Sometimes it is the best option to file quickly, whereas in other situations filing should be put off until the worst has already passed. Have a chat with a bankruptcy specialist to discover when the ultimate time would be for you to file.

Your trustee may be able to help you secure an auto loan or get a mortgage even though you have filed Chapter 13. It's a bit more difficult, though. Before you can take out a new loan, you will have to clear it with your trustee. It is important to make a budget and prove that you are able to afford the payment. Also, be sure you have a clear explanation as to why the item you are purchasing is absolutely necessary.

It is important to understand your rights when you file for bankruptcy. There are bill collectors who will claim that you cannot add your debts to your bankruptcy case. Only a small number of debts are not dischargeable, including student loans and child support obligations. If you are unsure about specific types of debt, check the bankruptcy laws in your state or consult an attorney.

Again, it is likely that whatever precipitated a bankruptcy filing was not something on which you look back fondly. Afterward, however, you can have an easier time. If you put the ideas you learned in this article into practice, you can write a whole new financial story and live happily ever after.




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