Article by-Ibrahim Grady
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.
Do not attempt to conceal any assets when filing for bankruptcy because you may be penalized when they are discovered. Whoever provides your legal consultation must be privy to all of your financial information. Never hide anything, and make sure you come up with a well devised plan for dealing with bankruptcy.
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.
Make sure you have a solid understanding of which debts can be eliminated by bankruptcy, and which ones cannot. Debts like student loans, child support or alimony payments, and taxes, are generally not discharged through bankruptcy. Bankruptcy can help if your wages are being garnished or if you have large unsecured debts, like, credit cards and utility bills.
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.
Personal bankruptcy should be a last resort if you're in insolvency. This is due to the fact that it will take years for the bankruptcy to work off your credit report and new law changes make it harder to escape paying the debts off. In other words, you could have bankruptcy on your credit report and still be paying off several of your debts.
As you are working to make the decision to file for personal bankruptcy, remember that it will affect your life for at least the next ten years. Bankruptcy should be used as a last resort and the decision to file not taken lightly. Carefully weigh your options before you make any decisions.
What Not to Do When Hiring a Lawyer
What Not to Do When Hiring a Lawyer From filing for bankruptcy to managing estate planning to negotiating a divorce, there are plenty of situations when it makes sense to hire an attorney. A good lawyer can help you protect your assets and offer sound advice for complicated legal matters thanks to extensive expertise in a specific practice area, such as employment, personal injury or family law.
Do not hide assets while you are preparing to go through a bankruptcy. It may be tempting to take a home and/or other property and place it in a spouse's name, but if you get caught doing that you will face charges for fraud. The penalties being jail time and/or fines.
If you have many non-dischargeable debts, filling for bankruptcy may not be very beneficial or advisable. Non-dischargeable debts include student loans, taxes, child support payments, fraudulent debts, and alimony payments. Filing for bankruptcy will not dissolve any of those debts and will only make it harder for you to secure credit in the future.
File bankruptcy before time runs out to avoid harsh penalties. If you wait too long to file, you may be forced to pay fees through garnishments taken from your bank accounts, foreclosure or even through wages. Early filing can also help prevent extensive reviews of your bankruptcy filing qualifications that may disqualify you.
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.
Familiarize yourself with the requirements for different types of personal bankruptcy so, you can decide which type is most appropriate for you. Chapter 7 bankruptcy offers low-income debtors the ability to liquidate their assets to repay debts. Chapter 13 requires you to have a steady source of income so, that you can repay debts over time.
Speak with your attorney about ways you can keep your car. Sometimes, as part of the bankruptcy filing, your auto loan can be restructured so that you pay less each month. You need to have bought your car 910 days before you file, have a loan with high interest and you're also going to need a good work history.
If you are trying to avoid ruining your credit by filing for bankruptcy, you should consult a credit counselor before you are in too deep. Research the internet to find a reputable credit counseling company. When you find a good company, they will help find ways to reduce expenses, work on a manageable budget, and pay-off all you debt without filing bankruptcy.
If you are having trouble getting a loan after having filed for bankruptcy, do not make the mistake of trying to get a payroll advance loan. These loans charge ridiculously high interest rates and there is a strong likelihood that you could end up going back into debt as a result.
Do not forget to list each and every debt you have. Forgetting to add these may cause your petition to be delayed, or even dismissed. Even if it's a small sum, make sure it is listed. This financial information may include income from side jobs, vehicles you own and loans you have not paid off.
A great personal bankruptcy tip is, to be extra careful about filing for bankruptcy when you own your own small business. Oftentimes, the line between your assets, and your small business's assets can be hazy. When you're filing bankruptcy you could potentially be putting the fate of your business in jeopardy.
If you are filing for chapter seven bankruptcy, the dismissal of the balance of your debts is not a given. There are secured https://www.livemint.com/opinion/online-views/opinion-rbi-s-debt-resolution-rules-are-a-mixed-bag-1560190950875.html that must be reaffirmed, meaning you must draw up a new payment agreement. Other debts cannot be discharged at all. For instance, court-sanctioned fines cannot be discharged under Chapter 7. Keep Reading goes for child support and alimony payments.
Now that you have been provided with some useful information about personal bankruptcy, carefully weigh your options. Making this decision is going to impact your life for several years. If you have considered all of the other options, carefully follow the correct steps to file for personal bankruptcy and prepare for what changes it will bring.