Why Personal Bankruptcy Can Work For Some And Not Others

Even when faced with dire financial consequences, many people fear the prospect of filing personal bankruptcy. The key to defeating what can, often be, crippling anxiety is familiarizing yourself with the process and its potential benefits. Use the tips in this article to alleviate your fears and do what is necessary to get a fresh financial start.

A huge mistake people make before filing for bankruptcy is maxing out their credit cards. This can lead to disaster when you file and the credit card companies might not discharge the debt. If you can, you need to stop using your credit cards at least six months before you file, and ideally for a year prior. Also, do your best to pay the minimum payments on these cards for at least six months before you file.

Many people do not know that student loans are not dischargeable debt under bankruptcy laws. Do not go into your bankruptcy thinking that your student loans will be discharged, because only in cases of extreme hardship are they considered. If the job you received from pursuing your degree will never allow you to pay off your debt, you may have a chance, but it is highly unlikely.

As tempting as it may be, do not run up credit cards right before filing for bankruptcy. Many times, people purchase expensive items, like jewelry, appliances and furniture right before they know they are going to file for bankruptcy. Most of the time, they are still going to be responsible for paying back this debt.



If you are trying to rebuild credit after filing for bankruptcy, you should apply for secured credit cards. These can help you establish credit, but you have to make sure that they are one of the companies that report to the major credit bureaus, since all of them do not.

If you can, keep some of your debt out of your bankruptcy. Work on paying down this debt yourself, or especially if you can negotiate a lower rate or new payment terms. This will help to preserve your credit rating, to some extent, because bankruptcy itself will do a number on your score.

Personal bankruptcy should be a last resort if you're in insolvency. This is due to the fact that it will take years for the bankruptcy to work off your credit report and new law changes make it harder to escape paying the debts off. In other words, you could have bankruptcy on your credit report and still be paying off several of your debts.

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.


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.

Check all of your paperwork before filing, even if you used an attorney. While attorneys can be irreplaceable guides when it comes to personal bankruptcy, they often deal with multiple cases simultaneously. It's in your best interest, as its your financial future, to check all paperwork before it gets submitted.

A good personal bankruptcy tip is to be well versed in all of the rules when it comes to filing for bankruptcy. The last thing you would want is to be penalized, or taxed by the IRS. They do indeed tax some of the debt that you've managed to get rid of.

Familiarize yourself with the requirements for different types of personal bankruptcy so, you can decide which type is most appropriate for you. Chapter 7 bankruptcy offers low-income debtors the ability to liquidate their assets to repay debts. Chapter 13 requires you to have a steady source of income so, that you can repay debts over time.

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 are about to get divorced and you are having financial hardships, you may want to rethink your divorce. Many people find themselves filing for bankruptcy after a divorce. If it is at all possible to work things out with your spouse, you will both be better off in the event of bankruptcy.

Many times people feel forced into filing for bankruptcy. They do not know that debt settlements are available. If your debt is much greater than your income, you could be a candidate for a debt settlement. Many times credit counselors can negotiate with banks and credit card companies to reduce the amount you owe, so that you do not have to file 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 http://www.politicsweb.co.za/politics/workers-must-fight-for-national-minimum-wage--cosa 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.

Be certain to create a list that displays all the debts you want discharged when you file. If you posses debts that aren't listed in the paperwork, they wont be included in your discharge. linked site is up to you to ensure that all important information is there, so all debts are discharged.

If you are hiring a lawyer, don't be afraid to speak up. Don't assume your lawyer knows everything. If you have concerns, voice them. If there are things you feel your lawyer is overlooking, remind them. Don't be shy about it. Repeat any crucial information that might have been glossed over.

As stated before, the number of people experiencing bankruptcy has risen thanks to the state of the economy. It can be frightening to face personal bankruptcy, but with a little help, anyone can overcome it. The information from this article will help you or anyone else get their finances back in order and escape personal bankruptcy forever.

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