Why Personal Bankruptcy Is The Best Choice For Some
Anyone who has considered filing for personal bankruptcy can attest to the uncertainty and alarm the very idea of the process can cause. This does not need to be the case, however, because by gaining a bit of knowledge about bankruptcy, it is possible to sort through the worry and see the truth. By applying these tips to your own financial situation, you can determine whether bankruptcy represents a smart way to get a fresh start.
Trying to exclude family members you owe money to before filing for personal bankruptcy can get you into serious hot water. The court will look into who you pay-off as far as a year back, and if they find you showing favor to family over other creditors, they could invalidate your filing completely.
Don’t be afraid to apply for credit for purchases such as a new home or car just because you have a recently discharged bankruptcy. Many lenders will take your new financial situation into account. They may be more likely to loan money to someone who has no debt due to a bankruptcy than to the person with, say, 75,000 dollars in credit card debt. The fact that you have no monthly credit card payments can make you look like a better risk.
You may end up losing more than you bargained for when you file a bankruptcy claim, so be sure that you know just which assets may be taken before filing. The Bankruptcy Code lists assets considered exempt from being affected by bankruptcy. Prior to filing for bankruptcy, it is critical that you go over this list, so that you know if you can expect any of your most valuable possessions to be seized. If you do not read this list, you could be in for some nasty surprises in the future, if some of your most prized possessions are seized.
Be fully educated about the rules of bankruptcy. If the courts were to find that you have disregarded any of the rules in place, your petition could be dismissed. Laws prohibit picking and choosing some debts to pay off prior to filing for bankruptcy. Family members cannot be paid off within one year of filing and creditors are limited to ninety days.
Know the difference between Chapters 7 and 13 bankruptcies. Chapter 7 will wipe your debts clean, meaning you will not owe what you file against. Chapter 13 requires you to agree to repay your debts. These debts need to be repaid within three to five years of the filing date.
It is wise to meet with several lawyers before making a final decision, take advantage of the free consultations to find one that is a good fit for you. Be certain to speak with an attorney, not their paralegal or law clerk, since they cannot give legal advice. Searching for the best lawyer will help you located the comfort you need during this time.
Bankruptcy filing is a topic shrouded in mystery and embarrassment for many. This is an unfortunate thing because the fact is that the process can be extremely helpful for those facing serious financial distress. Take the guidance and information in this piece to heart. It is possible to learn if bankruptcy might be the right financial solution for you.