What To Know Before You Declare Personal Bankruptcy

Nobody thinks as a child, "I want to be filing for bankruptcy when I grow up," but it happens to the best of us, especially in this economy. Don't get down, get educated! The following article will provide you with some very useful tips on getting through and getting over personal bankruptcy.

Hire a lawyer. Filing for bankruptcy does not require a lawyer, but a lawyer makes the process easier. It allows you some degree of relief to know, that a professional will be handling your case. Take your time, and choose a lawyer with a lot of experience in the field.

Don't charge up your credit cards knowing you are going to file bankruptcy, if you have already started the process or made recent purchases for luxury items. While this type of purchasing is still part of your "�debt,' it is likely that you'll still be responsible for repaying the money for those items. In most cases, what you are attempting to do is obvious.

Decide whether you want to file for Chapter 7, or Chapter 13 bankruptcy. As an individual, you may do either one. Find out as much as you can about each type of bankruptcy, so you are able to make a choice that you can live with in the future.



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.

Seriously consider if bankruptcy is the right choice for you. If you do not owe too much in credit card debt and medical bills, you might be able to handle the debts yourself with credit counselors and payment arrangements. Bankruptcy can be a serious financial choice, so make sure you consider all your options carefully.

Prior to declaring bankruptcy you really need to be sure that you've exhausted all your other options first. If you owe small amounts of money, you can join a counseling program or straighten your finances out by yourself. You might also be able to negotiate lower payments yourself, but make sure that you get written records of any debt modifications to which you agree.

Start getting used to paying for items with cash. Because bankruptcy will affect your ability to acquire credit for the foreseeable future, and credit you do obtain will have a high interest rate, pay for everything you can with cash or a check to prevent racking up new, much more expensive debt.

Explore all of the options available to you before you file for bankruptcy. Filling for bankruptcy can have some serious future implications. For instance, getting a mortgage application approved when you have previously been bankrupt will be tough to say the least. Therefore, you should thoroughly investigate all of the alternatives to bankruptcy. Perhaps you could borrow money from a family member or consolidate some of your debts.

Be honest with yourself; however, honesty in filing is also paramount. You must not try to hide side income or assets that you do not want the courts assessing. This will fail and leave you in a position of having a denied petition from the court. In addition, you can lose your rights to re-file on the debts you petitioned at the time.

Find out if you can use Chapter 13 bankruptcy, as it may help you better than the other laws. In https://www.npr.org/2015/11/20/456353691/some-states-are-cutting-poor-dads-a-deal-on-unpaid-child-support , Chapter 13 bankruptcy law stipulates that you must have under $250,000 of unsecured debt and a steady income. You can keep personal possessions, as well as real estate, while paying into a debt consolidation system. This repayment period usually lasts from three to five years. If you make your payments faithfully during that time, any remaining unsecured debt will be eliminated. Remember that if you fail to make any of the payments on time, the court may dismiss your case.

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.

Look into Chapter 12 bankruptcy if you are a family farmer. The purpose of this chapter is to reorganize the farming business so that it can remain operative. Chapter 12 bankruptcy can be filed by single-owner farms or partnerships. Be aware that there is a ceiling on the amount of debt for these filings.

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.

There are two common types of personal bankruptcy. One in which all your assets are liquidated and the other creates a plan to pay off debts within a few years. It is recommended that you meet with an attorney to determine which type of bankruptcy is best for your particular situation.

When meeting with a bankruptcy lawyer for the first time, bring all your financial records. An attorney cannot adequately assess or give you information about your specific financial situation, if he/she is not in possession of all the facts. Papers you should plan on bringing include any documentation pertaining to assets (homes, vehicles, etc.) and debts (credit car bills, loan documentation, etc.)

Put the date for your 341 meeting with creditors on your calendar as soon as you get it, so that you don't forget this meeting. You need to attend the 341 meeting and answer all of the trustee's questions as honestly as possible, in order to get your debts 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 Highly recommended Internet page that might have been glossed over.


As you know, filing for bankruptcy is a major decision that can have a huge impact on your life. By carefully studying this article, you should now have a much better understanding of America's bankruptcy laws, and you should be able to decide whether or not filing for personal bankruptcy will benefit you and improve your particular financial situation.

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