Wednesday, June 25, 2014

What To Know Before You File For Bankruptcy

By Stacey Smith


As you probably know, the economy is in the toilet. When there is a bad economy there are a lot of people losing their jobs and having problems with debt. Because more people are falling into debt, more people are filing for bankruptcy. This article will help you to understand how to handle tough situations such as bankruptcy.

Don't use credit cards to pay your taxes if you're going to file bankruptcy. Most of the time, you cannot discharge this debt. As a result, you will owe the IRS a lot of money. Generally speaking, debt incurred to pay taxes and the tax bills themselves are treated the same in a bankruptcy. It is pointless to use credit cards if they can be discharged.

If you are planning to file for bankruptcy, be sure to learn what types of assets you will be able to keep and which can be seized. The Bankruptcy Code has lists of various asset types that are exempt during the process. Make sure that you review this list before you decide to file, to see if you can hang on to your most important possessions. You may find yourself unpleasantly surprised when the things you value the most are taken from you without warning. This is why it is very important the familiarize yourself with this list.

You should never give up. When you file for bankruptcy you may be allowed to recover property like your car, electronics or jewelry that might have been repossessed. Any property repossessed within 90 days before filing bankruptcy, may be able to be returned to you. A lawyer will be able to assist you with filing the paperwork to get the items back.

You might find it difficult to obtain an unsecured credit card or line after emerging from bankruptcy. Since it is important that you work to rebuild your credit, you should instead think about applying for a secured card. When you do this, it shows your determination to fix your credit history. 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 are about to file for bankruptcy, then make sure you hire a lawyer. Filing for bankruptcy is a complicated procedure, and you may not be aware of all the ins and outs. Choose an attorney versed in personal bankruptcy to make sure you don't make mistakes.

If you are meeting with a lawyer to discuss bankruptcy, the initial consultation should be free so ask every question you have. You can meet with a few lawyers before deciding on one. Most lawyers provide a free initial consultation. Therefore consult with different lawyers and get a feel for them, then decide which one suits your needs It's isn't necessary to make a choice right away. Be sure to talk with a number of lawyers, and compare the information you receive.

When your income surpasses your bills, you should not be filing bankruptcy. Although bankruptcy may feel like a simple method of getting out of your large debt, it leaves a permanent mark on your credit history for up to 10 years.

Make sure bankruptcy is truly your only option before filing. Find out if you can receive a reduced interest rate or altered repayment plan instead of bankruptcy filing. Loan modification plans can help if you are dealing with foreclosure. Some lenders will make concessions rather than losing the money owed to bankruptcy. These concessions include waiving late fees, lowering interest rates, and changing the loan term. Creditors want their money. Often, they are willing to work out repayment plans with you in order to get it.

Find ways to relax while you go through the process of filing for bankruptcy. It's easy to be stressed during this time. This stress could morph into clinical depression, if you fail to adequately address the problem. Remember that your situation is going to improve after you file for bankruptcy.

Your trustee may be able to help you secure an auto loan or get a mortgage even though you have filed Chapter 13. It's a bit more difficult, though. Before you can take out a new loan, you will have to clear it with your trustee. It is important to make a budget and prove that you are able to afford the payment. Also, be sure you have a clear explanation as to why the item you are purchasing is absolutely necessary.

If you are thinking about filing for bankruptcy, one of the first things you should do is look into the laws of your state. For instance, you are not allowed to move assets from your name to someone else's for a year before you file. In addition, it's unlawful for a filer to acquire more debt on their credit cards before they file.

Even though the economy is slightly getting better, so many people do not have jobs or are not getting paid enough. You can avoid bankruptcy even with no steady source of income. Hopefully, after reading this article, you picked up on a few of the things that will help you avoid filing for bankruptcy. Hopefully better things await you in the near future.




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