If you are among the millions of people considering bankruptcy as a way to deal with an overwhelming financial situation, rest assured that by researching the issue and educating yourself, is the best thing you can do for yourself! This article will be a crucial aspect of your education and hopefully, answer many of your questions.
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.
Do not use a credit card to pay income taxes and then file for bankruptcy. In some places the debt can not be discharged, and you may still need to pay the IRS afterward. Remember that if you can discharge the tax you can discharge the debt. So, there is no reason to use your credit card if it will be discharged in the bankruptcy.
Be prepared to see your name in the news when you file bankruptcy. While the story isn't going to make front-page headlines unless you are a very prominent or famous figure, all bankruptcy cases are public record. As such, they are often reported in a section of local newspapers. The good part is that not everyone reads that part.
Find out the real reason you are filing for bankruptcy. What happened in your life that brought you to this place? What do you need to do to make sure that you can move on? What actions do you need to take before you can be sure that this will never happen again?
Since filing for bankruptcy is quite a complicated process, it is recommended that you find yourself a lawyer that specializes in bankruptcy. There is usually some sort of a fee associated with hiring one though. However, if you can not afford one, you should still look into one since there are organizations that could help you out with the cost of one.
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.
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.
Make a detailed list. Every creditor and debt should be listed on your application. Even if your credit cards do not carry a balance at all, it should still be included. Loans for cars or recreational vehicles should also be included on your application. Full disclosure is imperative during this part of the bankruptcy process.
Talk to other professionals before talking to a bankruptcy lawyer. Talk to financial advisers and credit counselors to see if bankruptcy is, in fact, your best option. A bankruptcy lawyer has a conflict of interest, so they are less likely to dissuade you from filing for bankruptcy. Finding an impartial, knowledgeable thirty party will give you the complete picture.
Meet with many different attorneys before making any decision on one. To do this, you must start looking well in advance of when you need to file. If you wait until the last minute, you will not have the time to find an attorney that will give you good advice, and one that is easy to work with.
If you are going through a divorce and your ex-spouse files for bankruptcy, there are debts that cannot be discharged. Child support, alimony, many property settlement obligations, restitution, and student loans, are all not allowed to be discharged in a bankruptcy from divorce. In very rare cases, some property settlement agreements are allowed to be discharged. Consult with an attorney to find out which ones can.
Do not go and apply for quick loans when you know that you are about to file for bankruptcy soon. You may think of this as free money, but if your lender realizes that this was why you applied for the loan you can be prosecuted and made to pay back the money.
You need to start getting responsible with your money even before you file for bankruptcy. You must not doing anything that will raise your current level of indebtedness for several months before filing a bankruptcy petition. Creditors and even judges look at your current and past history when they are going through your bankruptcy paperwork. Your current spending behavior should show that you are making a real effort to modify your financial habits.
File at exactly the right time to maximize the effect of your bankruptcy. Timing is important, and that is especially true when filing for bankruptcy. Sometimes, filing as soon as you can is best, while other times, it is wise to get past the worst problems first. A lawyer is in the best position to evaluate your case and figure out when you should file for bankruptcy.
As with most consumer related issues, bankruptcy is best approached with solid information and reliable advice. Hopefully, this article has been a great source of that much needed help and you should now be better prepared to tackle your financial future and pursue the steps involved in getting back on the right financial track!