Many people these days have fallen deep in to debt. It seems that they can never pay their bills down, and they’re constantly pursued by collection agencies and creditors. If this situation sounds familiar, you may decide to consider filing personal bankruptcy. Read the following paragraphs to decide if this path is one that you should take.
Individuals often seek to file for personal bankruptcy protection if their debts exceed their ability to repay them. If this is happening to you, then learn about the laws where you live. Different states have different laws regarding bankruptcy. For instance, in some states you can keep your home and car, while other states prohibit this. Know what the laws are in your state before filing.
Credit History
Try to make certain you are making the right choice prior to filing your petition. Consider any other options that are available to you, such as consumer credit counseling. Since your credit history will forever note the bankruptcy, you want to make sure that you have tried everything else before you take an action such as this, in order to minimize the effect it will have with regard to your credit history.
Always remind your lawyer of specifics that are important to your case. Never assume that they can remember all details without reminders. Ultimately, this is your bankruptcy and your financial future, so never hesitate to advocate on your behalf.
Getting unsecured credit post-bankruptcy will likely be difficult. Secured cards can be a great way to get started if this happens to you. This will prove that you want to improve your credit score. 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.
If you can, get a word-of-mouth referral for a lawyer. You want your bankruptcy to go smoothly, and the Internet is rife with fly-by-night companies whose only goal is to prey upon the financially desperate.
Keep with what you have decided to do. You may be able to regain property like electronics, jewelry, or a car if they’ve been repossessed by filing for bankruptcy. If you have been subject to a repossession during the 90 days before your filing, you stand a good change of getting your property back. A qualified bankruptcy attorney can walk you through the petition process.
Never pay to have a consultation with a lawyer, and ask a lot of questions. Most lawyers will meet with you for free and give you helpful advice, so meet with several. Only choose an attorney once all your concerns are answered to your satisfaction. You don’t have to make your decision right after this consultation. This will give you extra time to interview several attorneys.
If you are about to file for bankruptcy, then make sure you hire a lawyer. Personal bankruptcy is quite complex, and it is entirely possible that you will not be able to familiarize yourself with all the laws and processes. A bankruptcy attorney can advise you on how proceed properly.
A free consultation is standard for bankruptcy attorneys, so shop around before settling on one. Meet with the actual lawyer, not a paralegal or assistant, as they’re not allowed to give out legal advice. Take some time to talk to different lawyers to find one that fits your needs, and meshes well with you.
Remember to only file for bankruptcy if you need to. Some people have great luck with handling debt with debt consolidation, which means taking out only one loan to pay off many loans. Going through the bankruptcy process is a long drawn process which at times can be incredibly stressful. You will have trouble getting credit down the line. Therefore, you must make sure that there is no other option that you could take before you file for bankruptcy.
Chapter 13
Chapter 13 bankruptcy might be a good option, so don’t overlook it. If you have less than a quarter of a million dollars in debt that is unsecured and a regular income, you are eligible to file a Chapter 13. Filing for this type of debt will ensure that you can hold onto your real estate and personal property, and will let you develop a consolidation plan to pay off your debts. This lasts for three to five years and after this, your unsecured debt will be discharged. Bear in mind that if you miss a single payment that is due under your plan, the entire case will be dismissed by the Court.
Do not let bankruptcy consume you, make sure you make time for your friends and family. Bankruptcy can take a toll on you. It is long, hard and sometimes leaves people feeling guilty or ashamed. Lots of people decide they should hide from everyone else until it is all over. Pulling away from people who care for you will not help the situation, and can cause your negative feelings to intensify. Because of this, you need to make sure you spend as much time as you can with your family and friends, even if you are ashamed of your finances.
Think about all your options before pulling the trigger. There are many recouses available to help you lower your payments and get back on track. If you are facing foreclosure, consider a loan modification plan. Sometimes your lender will work with you to help pay off your debt by giving you a lower interest rate, forgiving late fees, or extending the time period of your loan. Ultimately, creditors want their money, and many times repayment plans are preferable to a debtor that is bankrupt.
File when the time is perfectly right. Timing can be critical when it comes to personal bankruptcy cases. In some cases, it is better to file immediately, while other situations benefit from trying to get certain finances in better shape before filing. Speak with a bankruptcy lawyer to see when is the best time for you to file bankruptcy.
Clearly, significant resources and assistance can be had by anyone contemplating personal bankruptcy. If you go into the process armed with knowledge and confidence, you can wipe away your debt and give yourself a fresh start.
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