Saturday, June 21, 2014

What To Know Before You File For Bankruptcy

By Stacey Smith


The circumstances that culminate in a bankruptcy filing are likely unpleasant, though they do not need to define the rest of your life. You are being given the opportunity to start again with a debt-free slate. Continue ahead to learn how you can smooth out the bankruptcy process so it's not a financial disaster.

Before making the decision to file for bankruptcy, be sure to do some research and learn all you can about the subject. There are many websites available that offer this information. You can learn a lot on the U.S. DOJ, along with a number of other bankruptcy institutes and attorneys specializing in bankruptcy can give you invaluable information. The more you know, the more you'll know that you've made a wise decision and the you're making sure your bankruptcy goes as smooth as possible.

Prior to filing for bankruptcy, be sure you have investigated all of your alternatives. You have other options, including consumer credit counseling help. Bankruptcy has a negative effect on your credit reports, in that it is permanently there. Before you take this step, make sure all your options have been considered.

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.

Seek a less serious option prior to filing for bankruptcy. If you owe small amounts of money, you can join a counseling program or straighten your finances out by yourself. You may also find success in negotiating lower payment arrangements yourself, but be certain to get any arrangements with creditors in writing.

Consider Chapter 13 bankruptcy for your filing. Chapter 13 bankruptcy is a good choice for people whose unsecured debts amount to lower than $250,000 and who receive a regular income. By filing this way, you can hold onto your home and property, while repaying debts through debt consolidation. Typically, any plan you develop will last around 3-5 years. Afterwards, any remaining unsecured debts will be discharged. Remember that missing a payment to the plan will result in your case being dismissed.

Safeguard your home. Filing for bankruptcy does not mean you have to lose your home. Depending on whether the value of your home has decreased or if you have a second mortgage on the home, you may end up keeping it. You may also want to check out the homestead exemption because it may allow you to keep your home.

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.

Again, it is likely that whatever precipitated a bankruptcy filing was not something on which you look back fondly. Afterward, however, you can have an easier time. If you put the ideas you learned in this article into practice, you can write a whole new financial story and live happily ever after.




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