Why Personal Bankruptcy Is The Wrong Thing For Some
The economic downturn of recent years has made personal bankruptcy a virtual necessity for millions. By gaining a comprehensive understanding of what personal bankruptcy entails, it is possible to make an educated decision about whether it is the right decision under any given set of circumstances. Study the tips and guidance in this piece, and you will be able to make the best choices for your financial future.
After filing for bankruptcy, check your credit report to make sure that it was reported the way that it should have been. You want to make sure that any debts that were part of your bankruptcy are now labeled “BK” so creditors know you no longer owe that money.
Make sure you have a solid understanding of which debts can be eliminated by bankruptcy, and which ones cannot. Debts like student loans, child support or alimony payments, and taxes, are generally not discharged through bankruptcy. Bankruptcy can help if your wages are being garnished or if you have large unsecured debts, like, credit cards and utility bills.
After your bankruptcy is finalized, you should begin re-building your credit by, obtaining copies of your credit reports. Your reports may show that you filed for bankruptcy, but it can take a lot of time for the credit bureaus to remove the original debt from your credit history. Check your reports over thoroughly, if there is debt showing that was discharged in a bankruptcy, you can contact the credit bureaus online, or in writing and request that the information be deleted.
Consider filing Chapter 13 rather than Chapter 7, if you are facing foreclosure. A Chapter 13 bankruptcy allows you to create a restructured payment plan which includes your mortgage arrears. This will allow you to get your mortgage payments current, so that you won’t lose your home. Chapter 13 doesn’t require you to turn over property, so you don’t have to worry about the homestead exemption, either.
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.
If you lose your job, or otherwise face a financial crisis after filing Chapter 13, contact your trustee immediately. If you don’t pay your Chapter 13 payment on time, your trustee can request that your bankruptcy be dismissed. You may need to modify your Chapter 13 plan if, you are unable to pay the agreed-upon amount.
Always hire an experienced bankruptcy attorney before filing for bankruptcy. Bankruptcy is a lengthy, stressful process. A good attorney can make the process as fast, and painless as possible. Opting to file for bankruptcy without first seeking legal advice from a good attorney, could result in your bankruptcy petition being thrown out of court by a judge.
Talk to a credit counselor before deciding to file for bankruptcy. You have to attend an approved credit counseling session anyway in order to file, and a qualified counselor can help you evaluate your options and determine whether bankruptcy is in your best interest. Ask your credit counselor any questions you may have about what type of bankruptcy to file or its effects on your credit.
You should weigh every option before thinking about bankruptcy. For example, you can always talk with a lawyer to see about different options through creditors or other means that will not require wiping the entire slate clean. If you are facing foreclosure, consider a loan modification plan. There are many ways in which a lender can make adjustments that will be helpful to you. Among them are extending the loan, forgiving late charges and reducing the interest rate. Creditors would rather be repaid, however slowly, than have you declare bankruptcy.
If you are facing foreclosure, you may want to make the choice to walk away from your home. This could help you to live in your home for up to a year, maybe longer, without paying anything for it. You can then save the money that you were trying to squeeze out for your mortgage payment and use it on a new home.
Don’t make the mistake of hesitating to file for bankruptcy because you think you won’t be able to file again and may need to save it for a worse financial situation. The laws vary from state to state, but you may file again after a certain period, usually two to eight years, depending on the type of bankruptcy filed. Of course, you won’t want to file again, but in case of job loss or a major illness, the opportunity is there if you need it.
Keep in mind that, currently, student loans cannot be discharged when filing for bankruptcy. There is a process by which student loans could be considered dischargeable, but it is costly, difficult, and rarely successful. However, student loans in bankruptcy have been a topic discussed by Congress in recent years, so keep up with new bankruptcy laws to find out if any changes have been made.
Personal bankruptcy filings have grown increasingly common in the aftermath of the financial crisis experienced over the past few years. Gaining greater knowledge about the bankruptcy process, what it can and cannot do, and the best ways to ensure successful discharge of debts, is critical for anyone facing serious financial difficulty. Keep the tips in this article close at hand, and you can soon seize back control of your financial destiny and get the fresh start you need.Posted on: February 10, 2017, by : kook