Handy Guidance When Filing For Bankruptcy

Filing for personal bankruptcy may seem like the best way to deal with a mountain of debt. However, if http://www.latimes.com/projects/la-me-a-dream-displaced-gentrification/ is due to uncontrolled spending, the problem will not go away, just because of a bankruptcy filing. Continue reading for some insights on personal bankruptcy to help educate yourself on what this legal tool can and cannot do.

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.

If you are trying to rebuild credit after filing for bankruptcy, you should apply for secured credit cards. https://www.npr.org/2014/12/19/371202059/when-a-hospital-bill-becomes-a-decade-long-pay-cut can help you establish credit, but you have to make sure that they are one of the companies that report to the major credit bureaus, since all of them do not.

Be prepared to see your name in the news when you file bankruptcy. While the story isn't going to make front-page headlines unless you are a very prominent or famous figure, all bankruptcy cases are public record. As such, they are often reported in a section of local newspapers. The good part is that not everyone reads that part.



Find out the real reason you are filing for bankruptcy. What happened in your life that brought you to this place? What do you need to do to make sure that you can move on? What actions do you need to take before you can be sure that this will never happen again?

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.

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.

Know the facts. Contrary to popular belief, you can actually get credit after you file for bankruptcy. In fact, most who file already have very poor credit and filing for bankruptcy will put them on the only possible road to ever establishing good credit again. Your financial life will not end upon filing.

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.

Do not wait too long to file for bankruptcy, if that is what you are going to do. By waiting a long period of time, you are just allowing your debt to keep piling up. Once you have decided that filing for bankruptcy is the right choice, start the process right away!

It is possible to get an auto loan or mortgage during the repayment period for Chapter 13 bankruptcy. It is much harder. You need to contact your trustee so you can get approved for a new loan. Create a budget and prove that you will be able to afford it. You will also need to have a good reason why you need the item.

Before you decide to file, make yourself aware of the laws about bankruptcy. Here is one example, an individual who files for bankruptcy cannot transfer any assets for a year before the filing date. It is also against the law to max out your credit cards before filing for bankruptcy.

Start getting used to paying for items with cash. Because bankruptcy will affect your ability to acquire credit for the foreseeable future, and credit you do obtain will have a high interest rate, pay for everything you can with cash or a check to prevent racking up new, much more expensive debt.

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.

Bankruptcy is something that is set up to help you. Do not think that your life is over because of bankruptcy. There will be some limitations to things that you can do, however, they are only temporary. There are also organizations out there that can help you get your life back in order after bankruptcy. If you filed or are thinking of filing, you should look into these organizations. There is hope.

Understand that income tax should not be paid on any sort of debt discharge. This will save you a lot of money when it comes time to pay your taxes. Be sure to check with a tax specialist before you submit your taxes, in order to; make sure you're within the legal boundaries.

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.

If you are hiring a lawyer, don't be afraid to speak up. Don't assume your lawyer knows everything. If you have concerns, voice them. If there are things you feel your lawyer is overlooking, remind them. Don't be shy about it. Repeat any crucial information that might have been glossed over.


As you can probably see, personal bankruptcy is not a magic pill that makes all of your debts just vanish. However, in certain situations, it is a viable option. Managing your finances takes discipline and a certain amount of financial knowledge. Hopefully, this article has shed some light on personal bankruptcy, and whether it makes sense for you.

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