There are many reasons why you want to file for personal bankruptcy, but the tips in this article can help you address your questions and worries. It can be a tough decision to live with, but if this is the only option available to you, it is important that you file bankruptcy properly.
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.
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 planning to file for bankruptcy in the near future, don't charge up your credit cards thinking that you won't have to pay back the debt. In many states, there are rules about how much credit card debt and what kind, may be discharged in a bankruptcy. For instance, if you make purchases for luxury items, such as an expensive new TV, within 6 months prior to filing, you may be obligated to pay that amount back. On the other hand, if you used your credit card to purchase groceries, or other necessities, the rules may be different. Be sure to ask your attorney for advice.
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.
Once you have filed for bankruptcy, do not discontinue payment on secured loans. These loans are the ones for your car or your home. Even if you are not receiving paper bills or statements on these accounts, make the regular payment on time, each month. These are likely the possessions you do not want included from the bankruptcy.
Remember that certain kinds of debt won't be discharged even after you have filed for bankruptcy. If you have outstanding student loans, owe child or spousal support, a divorce settlement agreement, or unpaid taxes, you will still be liable for these debts. Also, if you forget to list certain debts on your court documents, you won't be able to add them in the future.
Consider filing Chapter 13 rather than Chapter 7, if you are facing foreclosure. A Chapter 13 bankruptcy allows you to create a restructured payment plan which includes your mortgage arrears. This will allow you to get your mortgage payments current, so that you won't lose your home. Chapter 13 doesn't require you to turn over property, so you don't have to worry about the homestead exemption, either.
Gambling losses are another thing that must be listed on your application for bankruptcy. Any monies lost twelve months prior to filing must be disclosed. Failure to disclose could cause you to face perjury charges. If you are found guilty, you could face time in jail and dismissal of your petition.
Make sure to comply with the educational requirements for bankruptcy. You have to meet with an approved credit counselor within the six months before you file. You have to take an approved financial management course. If you don't take these courses in time, the court will dismiss your bankruptcy.
Do not be afraid to file for bankruptcy. Sometimes people find themselves so overwhelmed with debt that they just decide to do nothing and bury their heads in the sand. This is the worst thing that a person could possibly do. Instead, they should file for bankruptcy because by doing so, they are taking positive affirmative action and giving themselves another chance at managing their finances.
Do not jump the gun, and file for bankruptcy too early. Filing at the wrong time could leave you with more debt than you had before. It also means that you will not be able to file against those debts. All debt must be listed on your initial application for it to be included.
Don't make the mistake of hesitating to file for bankruptcy because you think you won't be able to file again and may need to save it for a worse financial situation. The laws vary from state to state, but you may file again after a certain period, usually two to eight years, depending on the type of bankruptcy filed. Of course, you won't want to file again, but in case of job loss or a major illness, the opportunity is there if you need it.
As you prepare to file bankruptcy, you must prepare a list of all your assets. This includes any financial resources, such as financial accounts, titles to real estate holdings or vehicles, and anything you own that exceeds $500 in value. Having http://www.latimes.com/projects/la-me-a-dream-displaced-gentrification/ and accurately documents makes the whole process of bankruptcy go much smoother.
If you want to try to avoid bankruptcy, you have to do everything you can to reduce your expenses. Sit down and write-up every expense you have for the month and start slashing. https://www.iol.co.za/personal-finance/new-law-limits-garnishee-orders-to-25-of-wages-11249421 does not matter how small, even the buck you spend at the coffee machine helps and adds up.
Some lawyers have a phone service creditors can call instead of you. If you receive a call from a debt collector, simply provide them with this phone number and any relevant information to prove that your bankruptcy has cleared your debt. Just be sure that they are a legitimate business to safe guard your personal information. You should receive no more calls from them.
Continue to pay certain bills. Once you file for Chapter 7 bankruptcy, you won't receive any more collection calls, and you may cease to receive certain bills. Remember that you are still under obligation to pay for your 'secured possessions', such as your home or vehicle, or you may lose them.
As the preceding article suggests, bankruptcy is not something that magically happens. Bankruptcy is complex and requires you to think carefully. By taking what you have learned here and applying it, the process of bankruptcy will be much smoother.