Sometimes, life deals you a bad hand. One thing leads to another and you wind up having to declare bankruptcy, in order to protect yourself and your family. Even if you have lost this round, bankruptcy proceedings can give you a chance to stack the deck in your favor for your next round.
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.
If you are planning to file for bankruptcy, you do not need to lose your home, car or other items that you have loans for. If you wish to keep them, however, you must make the payments on a timely basis in order to avoid repossession. If the payments are too much to handle, your bankruptcy attorney may be able to arrange for an evaluation of your loan and negotiate a lower monthly payment. In the case of a home, you may look into a loan modification or refinance to reduce your payment amount.
Think through your decision to file for bankruptcy carefully before going ahead with it. Alternatives do exist, including consumer credit counseling. Bankruptcy is a permanent part of your credit, so before you make such a big decision, you might want to explore all other choices so that your credit history is affected as minimally as possible.
Don't give up. You can often have property returned to you. Autos, jewelry and even electronics that have been repossessed, could be returned. If your personal property was repossessed within 90 days before your bankruptcy filing, you may have a chance of getting it back. Consult with a lawyer who can advise you on what you need to do to file a petition.
You do not need to be bankrupt to file for personal bankruptcy. In 1898 the term was changed from "bankrupt" to "debtor" so that people could more readily understand that an inability to pay bills is the main qualifying factor in filing for personal bankruptcy. Most people who file are not, in fact, completely bankrupt.
What Happens When Your Credit Card Company Sues You?
What Happens When Your Credit Card Company Sues You? Ignoring debt collection calls usually doesn't make them go away. Ignore your credit card debt long enough, and your credit card company may sell your account to a collection agency or sue you in civil court for the balance. While it's best to try to work with your credit card company before a lawsuit is filed, it's also important to know what to expect if you receive a summons and how you can respond to it.
A free consultation is standard for bankruptcy attorneys, so shop around before settling on one. Be certain that the person you meet with is really a lawyer. Avoid meeting with paralegals or legal assistants because they cannot give you legal advice. Searching for the best lawyer will help you located the comfort you need during this time.
Be sure to consider all of your options before filing for personal bankruptcy, as there may be some you haven't considered. If you have a job that has slowed down due to the recession, such as construction, you may need to find a new job. This could help your situation until the economy picks back up.
Be aware that there are two kinds of bankruptcy. There is Chapter 7, and Chapter 13. Chapter 7 can keep the filer from paying debts entirely. This option is generally for those that have debts so high or income that is so low that, they cannot afford a payment plan. Chapter 13 lets the filer get a payment plan so that they can repay all, or parts of their debt between three and five years.
If you are sure that you are going to file for bankruptcy, you should stop making any payments towards debts, that will be discharged during the bankruptcy process. Since you will not be liable for these debts in the near future, it is of little benefit to you to keep making payments towards them. It would be more beneficial for you to save any spare cash, that you have for future needs.
Make sure that you get copies of all of your credit bureau reports, after you have gone through a bankruptcy to make sure that everything is reported correctly. After a bankruptcy, any debt that was a part of that should now be listed on your credit report, as being discharged.
Don't take filing for bankruptcy lightly. Remember that bankruptcy negatively affects your credit for seven to ten years and that you'll have trouble getting loans for the first few years after filing. Talk to a credit counselor or an attorney to make sure you understand the ramifications, and that this step is right for you.
Learn from it. Bankruptcy is a great chance for a fresh start. However, bankruptcy is not the end of problems. You must remember to use the fresh start to begin re-building your credit and learning how to budget and spend wisely. You can find a course either online or through the court to help with this.
Clean up your credit record after ten years. When you file Chapter 7 bankruptcy, it remains on your credit report for ten years. However, the credit bureaus are not required to remove the information. In order to get rid of the bankruptcy record, write a letter to the credit reporting agencies, along with a copy of your discharge notice. Follow this up with a phone call to make sure that they have removed the bankruptcy record.
It is often thought that filing for personal bankruptcy will leave you homeless. Meanwhile, it is true that some or all of your possessions are seized by debtors. Most filers get to keep their homes. It depends if there is a second mortgage taken out, or the overall value of the home has decreased.
Don't stop the the bankruptcy process if you find a job. Bankruptcy may be the solution for you, even with your changed circumstances. Read Homepage of your filing can lead to a more favorable bankruptcy resolution. If you file your bankruptcy before you receive new income, your ability to repay will be evaluated as if you did not have a job.
When things look like bankruptcy might be your only option, start reading everything you can about bankruptcy laws in your state. This is your future and you should acquire as much knowledge as possible while being thoroughly involved in the process, this way you can get the best outcome from this situation.
Read through the tips listed here as many times as it is necessary to fully understand what you need to know about bankruptcy. You should feel much more educated than you were prior to finding this article, making you better equipped to handle the magnitude of the decision you are facing.