Advice For Those Consumers Considering A Bankruptcy FilingAnyone who files for bankruptcy has had feelings of stress and worry. That is usually due to lack of knowledge about what bankruptcy means and what the ramifications of bankruptcy are. Here are just a few of the things you should know about bankruptcy, so that you can remain calm and positive about your financial life.
If you are being faced with home foreclosure, wage garnishments or other situations that make it necessary to file for bankruptcy quickly, you may want to explore an emergency filing. Regular bankruptcy filings entail approximately 50 pages of paperwork and one to two weeks for an attorney to pull everything together. In an emergency filing, your attorney can file just the first 2 necessary pages and keep creditors from continuing foreclosure or garnishment proceedings. The rest of the work will be completed afterward.
Exhaust every other option before making the decision to file for personal bankruptcy. Debt advisors are one of the many other avenues you can consider. Your credit record will be harmed by a bankruptcy filing, and therefore prior to making such a decision, it is wise to investigate other options in order to minimize the damage you suffer.
Remember you still have to pay taxes on your debts. A lot of people don't realize that even if their debts are discharged in the bankruptcy, they are still responsible to the IRS. The IRS usually does not allow complete forgiveness, although payment plans are common. Make sure to find out what is covered and what is not.
Honesty may never have been as important as it will be when going through personal bankruptcy. Hiding income or assets may result in a dismissal from the court. It could also mean that you will be barred from ever having the opportunity to file for bankruptcy any time in the future.
Before you file for bankruptcy, make sure that you sort out your taxes. When you file, the bankruptcy trustee will need to see your tax return from last year and possibly even your tax return from two years ago. If you have these documents ready, your bankruptcy attorney will be able to ensure that the whole bankruptcy process is carried out as quickly as possible.
Do not feel embarrassed or guilty about filling for bankruptcy. Many people fear that they will be treated as second class citizens after they declare themselves bankrupt. However, this is not the case. The option to 'declare yourself bankrupt' was developed by the government to enable assistance to be given to people who find themselves overwhelmed with debt and in need of a fresh start. Last year, over 1.4 million people filed bankruptcy and the majority of them are now living a happy, debt-free life. So, there is no need for you to be afraid of bankruptcy stigma.
Before deciding to file for bankruptcy, you may want to look into other options. Remember, when you file for bankruptcy, you are greatly hurting your credit score, which in turn, can prohibit you from buying a house, car, and other big purchases. Consider safer, alternative methods first, such as consumer credit counseling.
See what your options are. Just because you stop receiving bills when you file for Chapter 7 bankruptcy, doesn't mean you are off the hook for paying them. Although you don't have to pay every bill if you cannot afford to, it is especially important to keep up with payments for any possessions you hope to keep, like your home and auto.
Keep in mind that, currently, student loans cannot be discharged when filing for bankruptcy. There is a process by which student loans could be considered dischargeable, but it is costly, difficult, and rarely successful. However, student loans in bankruptcy have been a topic discussed by Congress in recent years, so keep up with new bankruptcy laws to find out if any changes have been made.
Consider http://time.com/money/3933818/how-a-student-loan-bill-can-go-from-97k-to-236k/ . If you are receiving money on a regular basis and your unsecured debt is under $250,000, you may be able to file Chapter 13 bankruptcy. This type of bankruptcy protects your assets from seizure and lets you repay your credits over the course of a few years. That plan lasts approximately three to five years, and then you are discharged from unsecured debt. Missing a payment under these plans can result in total dismissal by the courts.
Before ultimately deciding whether or not to file for bankruptcy, be sure to weigh the different options available to you. Some alternatives to filing for personal bankruptcy include debt repayment plans, interest rate reduction plans, and debt consolidation. Talk with the personal bankruptcy lawyer to find out more. A plan that can be useful when foreclosure is looming is a loan modification. There are a lot of ways that your lender can assist you, such as reducing interest rates, eliminating late fees, or extending the term of your loan. After all is said and done, your creditors will still want their money. For this reason, you may wish to investigate debt repayment programs in lieu of bankruptcy programs.
Do not cosign on any type of loan during or after your bankruptcy. Because you cannot file for bankruptcy again for many years, you will be on the hook for the debt if the person for whom you are cosigning is unable to meet his or her financial obligation. You must do whatever you can to keep your record clean.
Be completely up front and honest about your situation and assets to avoid courts from dismissing your case. If the court catches you deliberately hiding assets or income, it can bar you from filing and even refilling for bankruptcy on debts that you have listed within the petition. https://mic.com/articles/182387/student-loan-forgiveness-could-your-debt-get-waived-because-of-missing-paperwork makes it impossible to remove debts.
A good personal bankruptcy tip is to be, careful about what you post online. Something as harmless as Facebook can came back to haunt you if, you're planning on filing for bankruptcy. Lawyers have been known to check Facebook profiles in an effort to determine whether they're committing adultery, or have hidden assets.
If you file a Chapter 7 bankruptcy only to find that you are not qualified to use the homestead exemption, you might be able to put place your mortgage in a Chapter 13 case. In some situations it might be better if you convert the whole Chapter 7 bankruptcy into Chapter 13. In this case, you should consult with your attorney to decide on your next step.
Don't let bill collectors mislead you. When you discuss bankruptcy with some bill collectors, they may tell you that bankruptcy will not affect them, and you will still have to pay them. They are not being honest, all of your bills can be covered depending on the bankruptcy option that you fiel.
Always be honest in reporting all income, assets and debts when filing bankruptcy. If you hide any financial information, whether it is intentional or accidental, you run the risk of being barred from filing bankruptcy on those debts listed in your original bankruptcy petition in the future, which means you will have no relief from your financial burdens.
If you need to file a claim for bankruptcy, speak with an expert. There are bankruptcy attorneys that are very familiar with the particular laws associated with this process. Remember the tips in this article and you can make the best of your financial situation, even if you must file.