Financial difficulties, such as, high credit card debts, a job loss, illness or other expenses can put a family into a deep financial hole that they cannot climb out of. Personal bankruptcy, while not always the best solution, does offer a way out for some people. Continue reading for some tips on personal bankruptcy and whether it makes sense for you.
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.
Take some time each day to stop thinking about your bankruptcy. It can seem like a thought you cannot get out of your head, but it is important to step away from the situation before you become too upset. Not only that, but removing it from your thoughts allows you to bring a fresher, more optimistic perspective to the table when you take up the subject again.
If you have late payments on credit accounts or accounts that have been sent to collections, you are probably already aware of how insistent creditors can be. After you have filed for bankruptcy, you no longer need to endure the threatening and continuous phone calls from creditors and collection agencies. All you must do is refer them to your attorney who will confirm the bankruptcy for them. After this, it is illegal for creditors to harass you in any way.
Find out what the homestead exemption limit is in your state before filing for Chapter 7 bankruptcy. If you have too much equity in your home to qualify for the exemption, you could lose your house in the bankruptcy. You can’t change your mind once you’ve begun the process, so make sure you will be able to keep your home before you file.
If you’re filing for bankruptcy soon, be sure you are going to hire a lawyer. Filing for bankruptcy is a complicated procedure, and you may not be aware of all the ins and outs. A qualified bankruptcy attorney will guide you through the steps and help you do everything properly.
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.
Be sure that bankruptcy really is your best option. Many times a consolidation loan will ease your financial struggles. Bankruptcy is not a simple, breezy course of action that should be taken lightly. You will have trouble getting credit down the line. Therefore, you need to be sure that you really have no other option than to file for bankruptcy.
Look into proper timing. You can keep your tax refund even when filing bankruptcy. You have to time it just right to do so. Wait until after your tax form has been processed, and you have received your tax return. One of the sneakiest things that a trustee does is to take an income tax return that debtors rely on. Waiting can keep that money in your pocket.
Look into all of your options before you choose to file for bankruptcy. For example, you can always talk with a lawyer to see about different options through creditors or other means that will not require wiping the entire slate clean. If you are about to lose your house, talk to your lender about a loan modification. Your particular loan holders can provide a lot of assistance if you’re just willing to speak with them. You can negotiate lower rates, longer terms, and other means of repayment that may keep you from having to file a claim. Ultimately, creditors want their money, and many times repayment plans are preferable to a debtor that is bankrupt.
If you are facing foreclosure, you may want to make the choice to walk away from your home. This could help you to live in your home for up to a year, maybe longer, without paying anything for it. You can then save the money that you were trying to squeeze out for your mortgage payment and use it on a new home.
As you can probably see, personal bankruptcy is an involved process that requires you to disclose a large amount of personal information. There are many alternatives to filing for bankruptcy. A clear assessment of your financial situation can help you make the best decision regarding personal bankruptcy and whether it is the right choice for you.