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Is Bankruptcy The Best Option For You?

By Jessie Dilgado


Debt is one of the scariest things to live with. Sometimes it happens quite quickly, from some financial problems to losing all control in a matter of weeks or months. Although it is a long and difficult process, there are ways to get through it unharmed and restore your finances. The following article will give you some pointers on what to do regarding bankruptcy if you are way over your head in debt.

Before filing for personal bankruptcy, make sure you are doing the right thing. Look into credit counseling to see if it could help you work out of your debt without bankruptcy. Before you take the drastic move of filling for bankruptcy and living with a long lasting bad credit history, make sure to consider using another way that may not be as damaging to your credit.

Do not use a credit card to pay income taxes and then file for bankruptcy. The fact is that the credit card debt will be ineligible for discharge, and your tax debt may increase. Generally speaking, debt incurred to pay taxes and the tax bills themselves are treated the same in a bankruptcy. So, there is no reason to use your credit card if it will be discharged in the bankruptcy.

Try going to a personally recommended bankruptcy lawyer instead of using a phone book or the Internet. There are lawyers out there who will take advantage of your financial state and not deal honestly with you. Make sure your filing process goes as well as possible by finding a trustworthy lawyer.

Research what assets are exempt from seizure before you decide to declare bankruptcy. The federal statutes covering bankruptcy can tell you exactly which assets are exempt from forfeiture to pay off creditors. It is important that you read this list before filing for bankruptcy, so that can find out whether or not your most prized possessions will be seized. If you aren't aware of this, you could lose some assets that you value.

Don't file for bankruptcy until you know what assets of yours can and can't be seized. The Bankruptcy Code provides a list of all the different kinds of assets that you can exclude. Be sure that you study this list. Make yourself aware of any assets you have that could be seized. If you neglect this important step, you might be blindsided when a possession that is important to you is taken to repay creditors.

Stay abreast of new laws that may affect your bankruptcy if you decide to file. These laws change regularly and you should stay up-to-date so you can make the best decisions. To learn how the law has changed recently, go online and check your state's website, or call the state government and ask them.

Find out if you can use Chapter 13 bankruptcy, as it may help you better than the other laws. If you have regular income and under $250K in unsecured debt, a Chapter 13 may be right for you. Not only can you repay your debts through consolidation, personal property can be kept, as well as real estate. Generally, this stays in effect for up to 5 years. Afterwards, your unsecured debts clear from your accounts. Remember that missing a payment to the plan will result in your case being dismissed.

Thing about filing a Chapter 13 bankruptcy. You are eligible to file Chapter 13 bankruptcy if your income is reliable and your unsecured debt does not exceed $250,000. Filing a Chapter 13 will let you keep personal items and real estate while you pay down your debt in a consolidation plan. The window for Chapter 13 repayments is typically 3-5 years. At the end of this time, any unsecured debt is discharged. Remember, though, that if you fail to make even one payment, the case will be thrown out and you'll be right back where you started.

Before declaring bankruptcy, it is important to know your rights. Do not take debt collectors at their word when they tell you that a specific debt can't be discharged through bankruptcy. Only a few kinds of debt, like student loans or child support, are ineligible for bankruptcy. If the debt collector tries to tell you that your debts, which do not fall into those categories, cannot be bankrupted, take a note of it, look up the debt type, and report them to your state's attorney general office.

Bankruptcy laws are very exact and very important, so ensure that you're well aware of all current laws before you file a petition. For example, it is forbidden for an individual to transfer any assets away from the name of the filer within the twelve months preceding filing. Other laws you need to know include debt-based regulations. You cannot increase debt via credit cards prior to filing a claim. Your finances basically have to remain frozen.

When filing for personal bankruptcy, always supply all of your financial information. Forgetting anything can cause a delay, or even a dismissal. No sum is too small to be included; err on the side of caution and include everything. Some things to be included are: current loans, valuable vehicles and side jobs.

As you're well aware of by now, it doesn't take long to find yourself drowning in debt with no way out. This article should have been instrumental in helping you figure out what to do next for your financial path. You can make a true difference in your day-to-day life by following the advice we have presented here.




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