What To Know Prior To You File For Insolvency

Dealing with bankruptcy can be difficult, especially if you never had to deal with anything like it before. Most people aren't sure what bankruptcy is like until they have to go through it, but luckily, there are tips available for you to make the process easier. Here are some effective tips to do just that.

Get a plan in place for after your bankruptcy is over. Your debt will be forgiven, but you have to find a way to make sure that your financial picture will recover. Set definite goals so that you are always working toward a financial future that will never get you in this position again.

Be certain you understand all you can about bankruptcy by researching reputable sites that offer good information. The United States The Department of Justice is just one resource of information available to you. The greater your body of knowledge, the better prepared you will be to make the decision of whether or not to file and to make certain that if you do file, the process is a smooth one.

Do not get an attorney for your bankruptcy when you are feeling overwhelmed. You have got to be levelheaded when you hire a lawyer. After https://mic.com/articles/150364/student-loan-debt-docking-wages-government-taking-paychecks-debt-default , you will be expected to pay him/her for services. Find out upfront what you will have to pay any lawyer before you hire one.



Safeguard your most valuable asset--your home. Filing bankruptcy does not necessarily mean that you will lose your house. If your home value has gone down, or if there's a second mortgage, you might be able to keep it. You should also examine the possibility of taking a homestead exemption. This could apply if your income falls below the financial threshold.

Remember that certain kinds of debt won't be discharged even after you have filed for bankruptcy. If you have outstanding student loans, owe child or spousal support, a divorce settlement agreement, or unpaid taxes, you will still be liable for these debts. Also, if you forget to list certain debts on your court documents, you won't be able to add them in the future.

A good personal bankruptcy tip is to be absolutely sure that you've gone through all of your options before you decide to file for bankruptcy. If the amount you owe is relatively small, you can always try to negotiate it by working through a credit counselor and making small payments.

Meet with many different attorneys before making any decision on one. To do this, you must start looking well in advance of when you need to file. If you wait until the last minute, you will not have the time to find an attorney that will give you good advice, and one that is easy to work with.

Do some research. There are two main types of personal bankruptcy - Chapter 7 and Chapter 13. Chapter 7 will eliminate the majority of your debt while Chapter 13 restructures it to give you time to pay it off. Each one has different rules on what assets you are allowed to keep. So, ask a lot of questions before you decide which one is the best fit for your situation.

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.

Research Chapter 13 bankruptcy, and see if it might be right for you. In most states, Chapter 13 bankruptcy law stipulates that you must have under $250,000 of unsecured debt and a steady income. This allows you to keep possession of your real estate and property and repay your debt through a debt plan. This lasts for three to five years and after this, your unsecured debt will be discharged. However, if you were to miss a payment, the court would dismiss your case right away.

Be aware that there are two kinds of bankruptcy. There is Chapter 7, and Chapter 13. Chapter 7 can keep the filer from paying debts entirely. This option is generally for those that have debts so high or income that is so low that, they cannot afford a payment plan. Chapter 13 lets the filer get a payment plan so that they can repay all, or parts of their debt between three and five years.

Protect your wages to live on. Bankruptcy is an important way to do just that. If you owe enough money that creditors are threatening to file lawsuits against you, it's time to seek legal counsel. If a creditor sues you, they can obtain their money by garnishing your wages, taking a large chunk of change from your paychecks. This can put you in even more debt and make your situation worse. Filing bankruptcy will put a stop to any lawsuits and protect the money you need to survive. If the situation becomes dire, you can also ask for an emergency filing, so you don't have to wait a couple of weeks for the attorney to compile all the information he or she needs.

If you have made the decision of filing for personal bankruptcy, don't run off and try to purchase a bunch of things, such as clothing and jewelry, with your credit card before filing. You can't cheat the system. You will oftentimes still be required to pay off the debt that you have acquired.

Be aware that bankruptcy does not actually cover all types of debt. Debts that you owe to the government (both federal and local) will still need to be repaid. Some people try to dodge this by financing their tax bills through credit cards or loans. This does not work; you will not be able to discharge those debts via bankruptcy.


If you file a Chapter 7 bankruptcy only to find that you are not qualified to use the homestead exemption, you might be able to put place your mortgage in a Chapter 13 case. In some situations it might be better if you convert the whole Chapter 7 bankruptcy into Chapter 13. In this case, you should consult with your attorney to decide on your next step.

Don't let bill collectors mislead you. When you discuss bankruptcy with some bill collectors, they may tell you that bankruptcy will not affect them, and you will still have to pay them. They are not being honest, all of your bills can be covered depending on the bankruptcy option that you fiel.

Always be honest in reporting all income, assets and debts when filing bankruptcy. If you hide any financial information, whether it is intentional or accidental, you run the risk of being barred from filing bankruptcy on those debts listed in your original bankruptcy petition in the future, which means you will have no relief from your financial burdens.

As was stated earlier, the bankruptcy journey is one shared by many others. Unlike others in this situation, you now have the information you need. Use these tips to have a smooth bankruptcy.

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