Finding information about filing personal bankruptcy does not have to be difficult. There are things to do and things to avoid doing just before and following filing bankruptcy. The following article is full of information that may help you know what to do and what not to do around the time of filing bankruptcy.
One you realize you are in financial trouble and have decided to file for personal bankruptcy you should move quickly. Waiting to the last minute to file bankruptcy can cause a number of issues. You may face negative repercussions such as wage or bank account garnishment or foreclosure on your home. You can also not leave time enough for a thorough review of your financial situation, which will limit your available options.
A critical tip in filing personal bankruptcy is to steer clear of making payments to creditors, in advance of filing a petition, in an attempt to satisfy individual debts in full outside of bankruptcy court. Payments to family members and creditors made within defined periods of time prior to a bankruptcy filing can be voided and can jeopardize the chances of receiving a discharge of all debts in the case.
It is important to understand your rights when filing bankruptcy. If you’ve had collateral, such as a car, electronics, or jewelry repossessed for non-payment, you might be able to recover the property when you file for bankruptcy. If your property has been repossessed less than 90 days prior to your bankruptcy filing, there is a good chance you can get it back. A lawyer will be able to assist you with filing the paperwork to get the items back.
Don’t ever pay a bankruptcy attorney for a consultation, and ask a lot of questions. Most lawyers offer free consultations, so consult with a few before settling on one. Choose to file only if your lawyer has convinced you that this is the best decision. You don’t have to make your decision right after this consultation. You have lots of time for consulting with other lawyers.
If you have filed for Chapter 13 bankruptcy, but realize that you are unable to meet your payment obligations, you may be able to convert to a Chapter 7 bankruptcy instead. To qualify for the conversion, you must never have converted your bankruptcy before and also undergo a financial evaluation. The laws surrounding this process are always changing, so be sure to talk with an attorney who can help you navigate this process.
A great personal bankruptcy tip is to consider what kind of bankruptcy you’d like to go for. In general, chapter 13 is much better because it doesn’t taint your credit report. It allows you to hold on to most of your belongings. Chapter 7 is much more extreme to file for.
Avoid running up your debt limit before you file for bankruptcy. Judges, and creditors look at recent history along with your current situation. A judge can deny some of your debts from being wiped out if, they think you’re just taking advantage of the system. Try to show that that you’re willing to change your fiscal habits.
Don’t repay personal debt to friends and family before filing for bankruptcy. Although you may feel obligated to pay these people back first, it is not a wise decision. Because you must reveal this information when you file for bankruptcy, the trustee can legally ask for this money back or sue for it.
You should now be better prepared for the time before, during and after bankruptcy. The information that has been provided to you has been known to help many other debtors in the same situation that you are in. Use it to your benefit and make the right choices with such a big life choice.