There are many people who are now in debt levels over their heads. Creditors and bill collectors hound them and there is no slow down in their bills. If this sounds like your situation then perhaps filing for bankruptcy may be in the cards for you. Continue on to the article below to see if bankruptcy is the right option for you.
Lots of people have to claim bankruptcy when their bills are larger than their income. If you’re in this position, it is a good thing to familiarize yourself with the laws that apply in your area. Bankruptcy rules vary by jurisdiction. In some states, your home is protected, while in others it is not. Familiarize yourself with the bankruptcy laws of your state prior to filing.
Do not even think about paying your taxes with credit and petitioning for bankruptcy right after. In most states, you will still owe money to the IRS and have to take care of the interest of your credit cards. Rule of thumb is if the tax is dischargeable, then the debt will be dischargeable. So, there is no reason to use your credit card if it will be discharged in the bankruptcy.
Avoid exhausting your savings or emptying your retirement accounts to pay off creditors if you are considering filing for bankruptcy. Don’t touch retirement accounts unless you don’t have a choice. You may need to use some of your savings; however, you should not use all of your savings. Remember that you must safeguard your future financial security.
Always be honest with the information you give about your finances. Not only is hiding income and assets wrong, it is also a crime.
You should never give up. You can often have property returned to you. Autos, jewelry and even electronics that have been repossessed, could be returned. If you have any property in repossession that was taken less than three months before filing for bankruptcy, then there are good odds that you can get your property back. Consult with a lawyer who can advise you on what you need to do to file a petition.
Remember to understand the differences between Chapter 7 bankruptcy and Chapter 13 bankruptcy. Chapter 7 eliminates all debts. With very few exceptions, the connections between you and your creditors will be severed. A Chapter 13 filing involves a repayment plan, though. Typically, you will make a partial payment against your debts over the next 60 months before the balance of the debts is lifted. It is important that you understand the differences between the different types of bankruptcy, so that you can decide which option is best for you.
Know your bankruptcy rights. Occasionally, debt collectors will attempt to convince you that your debt isn’t eligible for bankruptcy. Only a small number of debts are not dischargeable, including student loans and child support obligations. If a collector uses this tactic about debt that can, in fact, be discharged through bankruptcy, report the collection agency to the attorney general’s office in your state.
It is important to file bankruptcy before its too late. What a lot of people do is ignore the fact that they are in a financial crisis and think that their debt is not going to catch up to them. All your personal debts will easily go haywire, building and collapsing very quickly. This often leads to foreclosures and garnishments. Consider all possible options before filing bankruptcy.
Be careful how you pay off any debts prior to filing for personal bankruptcy. The bankruptcy code stipulates that you cannot make certain payments to creditors or family for specified periods of time before filing. Know what the laws are prior to making any payments.
Prior to going through with a bankruptcy filing, be sure to list out every one of your expenditures and debts. Only the debts you list on your bankruptcy filing will be discharged, so make sure all of them are included. Double check all of your records so that you do not overlook anything. Remember to take your time here. Rushing through will ensure that some numbers somewhere will be mixed up and then the process will blow up in your face.
You may not want to delay your bankruptcy if you secure a higher-paying job just prior to filing. Your decision to file may still be justified. The timing of your bankruptcy filing can greatly affect the amount you will be required to repay. If you file before gaining more income, you have a better chance of having your debt discharged.
An experienced bankruptcy attorney can guide you through the process successfully. Look around and see if you can find a bankruptcy lawyer specialist. While you might want to hire the cheapest one, first you need to know that they have the experience you need.
Bankruptcy is never a way to avoid paying your fair share of federal taxes. Some people think they can claim bankruptcy after charging the taxes owed on their credit card. The assumption they are working under is that all of their credit card debt will be treated equally, allowing them to get their tax payment discharged. However, bankruptcy laws already forbid this, leaving you stuck with both the taxes owed and the credit card interest that accrues.
You have undoubtedly gleaned from the text above that bankruptcy doesn’t have to be a difficult process as long as you’re informed. If you go into the process armed with knowledge and confidence, you can wipe away your debt and give yourself a fresh start.