If you are thinking about bankruptcy and haven’t made a final decision about it yet, it’s important that you know what is involved. If you are not a bankruptcy lawyer, you, more than likely, have not dealt much with bankruptcy law. Here are some quick tips to help you understand what you may go through.
Don’t let bill collectors convince you that you are ineligible for bankruptcy. Debt collectors do not want you to file bankruptcy under any circumstances because it means that they will not get the money you owe them, so they will always tell you that you do not qualify when given the chance. The only way to truly know if you qualify is to do some research or speak with a bankruptcy attorney.
In any personal bankruptcy filing, it is essential to make certain to list all elements of your financial life in your petition and other paperwork. Failing to include all income sources or omitting individual debts and accounts can lead to substantial problems down the road that can limit the dischargeability of some of your most substantial obligations.
Before resorting to bankruptcy, contact your creditors in a good-faith effort to renegotiate your payment terms, or interest rate. If you get in touch with them early enough, they may be willing to waive fees or negotiate a new payment schedule. If they are it means they are more likely to receive the money that you owe.
A useful tip for those thinking about using personal bankruptcy as a way out of their financial difficulties is to exercise great care when choosing an attorney. By selecting a practitioner who specializes in bankruptcy and who has handled a large number of such cases, it is possible to ensure the very best outcome and the greatest likelihood of forging a positive financial future.
Make sure that you know which,or your assets you will lose when you declare yourself bankrupt. While filing for bankruptcy may seem like a great way to clear the slate and start again with your finances, you need to understand that most of your assets will be seized during the process.
Be aware that most bankruptcy lawyers will offer a free consultation. Take advantage of that and meet with several of them. If it’s handled in 15 minutes or less, if you meet with the assistant instead of the lawyer, or if you’re pressured to sign up immediately in person or by phone, go somewhere else.
Honesty may never have been as important as it will be when going through personal bankruptcy. Hiding income or assets may result in a dismissal from the court. It could also mean that you will be barred from ever having the opportunity to file for bankruptcy any time in the future.
Before you file for bankruptcy, make sure that you hire the services of an experienced local bankruptcy attorney. Hiring a bankruptcy attorney who’s located geographically close to you will mean that you can contact him or her with ease. You will then be able to meet up with your attorney in person, in order to discuss your petition in greater detail.
Be honest. Don’t try to hide debts or money, because if you are found out, your entire bankruptcy filing can be revoked, and you could face jail time. Just be honest about what your financial life is like, and your lawyer should be able to help you make smart choices.
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 be afraid to file for bankruptcy. Sometimes people find themselves so overwhelmed with debt that they just decide to do nothing and bury their heads in the sand. This is the worst thing that a person could possibly do. Instead, they should file for bankruptcy because by doing so, they are taking positive affirmative action and giving themselves another chance at managing their finances.
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.
Be completely up front and honest about your situation and assets to avoid courts from dismissing your case. If the court catches you deliberately hiding assets or income, it can bar you from filing and even refilling for bankruptcy on debts that you have listed within the petition. This makes it impossible to remove debts.
Before filing for bankruptcy, keep in mind that child support will not be discharged in a bankruptcy case. The reason for this is that child support is a responsibility that a parent must pay. Bankruptcy does not remove that responsibility. Be sure to include any child support in your list of debts that will remain with you after the bankruptcy is discharged.
A better understanding of what happens during bankruptcy is a good idea before you decide to file. By knowing what to expect, you can make a better decision about what choice is right for you. Hopefully, the tips laid out here can help you understand the process better, so that you know what to do.