Minggu, 22 Juni 2014

Is Bankruptcy The Best Option For You?

By Jessie Dilgado


Are your debts out of control and you think that your only escape is bankruptcy? Do not worry, because you are not the only one. Many people have been in the same situation as you. The following article offers many great tips on bankruptcy that can be very helpful when faced with this situation.

Before filing for personal bankruptcy, make sure you are doing the right thing. Look into credit counseling to see if it could help you work out of your debt without bankruptcy. Before you take the drastic move of filling for bankruptcy and living with a long lasting bad credit history, make sure to consider using another way that may not be as damaging to your credit.

Do not use a credit card to pay income taxes and then file for bankruptcy. The fact is that the credit card debt will be ineligible for discharge, and your tax debt may increase. Generally speaking, debt incurred to pay taxes and the tax bills themselves are treated the same in a bankruptcy. So, there is no reason to use your credit card if it will be discharged in the bankruptcy.

Don't be reluctant to remind your lawyer about specific details he may not remember. Do not assume that if you've already told him or her something important once, that they will remember it later without a reminder. It is in your best interest to speak out. You are in control of the outcome of your bankruptcy.

Research what assets are exempt from seizure before you decide to declare bankruptcy. The federal statutes covering bankruptcy can tell you exactly which assets are exempt from forfeiture to pay off creditors. It is important that you read this list before filing for bankruptcy, so that can find out whether or not your most prized possessions will be seized. If you aren't aware of this, you could lose some assets that you value.

When you do meet with a lawyer make sure that they answer all of your questions and that they do not charge you for consultation alone. Almost all lawyers will give a free consultation, so meet with more than one before making a decision on whom to hire. Choose an attorney who is experienced, educated and well-versed in bankruptcy laws. Take your time before you decide to file after you meet with your lawyer. This offers you the opportunity to speak with other attorneys.

Be sure you know how Chapter 7 and Chapter 13 differ. Chapter 7 involves the elimination of all of your debt. All the things that tie you to creditors will go away. On the other hand, filing for bankruptcy under Chapter 13 means you will have 60 months to pay your debts back. You must know about the different bankruptcy types, and how each can affect you.

Find out if you can use Chapter 13 bankruptcy, as it may help you better than the other laws. If you have regular income and under $250K in unsecured debt, a Chapter 13 may be right for you. Not only can you repay your debts through consolidation, personal property can be kept, as well as real estate. Generally, this stays in effect for up to 5 years. Afterwards, your unsecured debts clear from your accounts. Remember that missing a payment to the plan will result in your case being dismissed.

Thing about filing a Chapter 13 bankruptcy. You are eligible to file Chapter 13 bankruptcy if your income is reliable and your unsecured debt does not exceed $250,000. Filing a Chapter 13 will let you keep personal items and real estate while you pay down your debt in a consolidation plan. The window for Chapter 13 repayments is typically 3-5 years. At the end of this time, any unsecured debt is discharged. Remember, though, that if you fail to make even one payment, the case will be thrown out and you'll be right back where you started.

Look at all the alternatives to bankruptcy before filing. There are many other options including debt consolidation and making payment plans with your creditors. You can apply for a modification of your mortgage if your home is going into foreclosure. These plans allow you a longer pay off period by extending the term of the loan, reducing the rate of interest or forgiving late fees. Many times creditors are happy to work with you to ensure that you will repay your loan.

Bankruptcy laws are very exact and very important, so ensure that you're well aware of all current laws before you file a petition. For example, it is forbidden for an individual to transfer any assets away from the name of the filer within the twelve months preceding filing. Other laws you need to know include debt-based regulations. You cannot increase debt via credit cards prior to filing a claim. Your finances basically have to remain frozen.

Be sure you know the bankruptcy laws before you think about filing. For instance, it's prohibited for an individual to transfer assets to someone else a year before filing for bankruptcy. Also, a person cannot legally increase their debt amount on credit cards prior to filing.

As mentioned previously, countless others have also experienced financial problems that have driven them to bankruptcy. But since reading this article, you now have information that others don't have. The tips provided above should help you get through bankruptcy.




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