So you admit that you just do not have control of your debt. You know that you want to do something, but are confused as to what you should do. You are considering filing for bankruptcy, but do not know where to begin. Take the time to read the following article to help you get some answers.
If you are being faced with home foreclosure, wage garnishments or other situations that make it necessary to file for bankruptcy quickly, you may want to explore an emergency filing. Regular bankruptcy filings entail approximately 50 pages of paperwork and one to two weeks for an attorney to pull everything together. In an emergency filing, your attorney can file just the first 2 necessary pages and keep creditors from continuing foreclosure or garnishment proceedings. The rest of the work will be completed afterward.
If you are planning to file for bankruptcy in the near future, don’t charge up your credit cards thinking that you won’t have to pay back the debt. In many states, there are rules about how much credit card debt and what kind, may be discharged in a bankruptcy. For instance, if you make purchases for luxury items, such as an expensive new TV, within 6 months prior to filing, you may be obligated to pay that amount back. On the other hand, if you used your credit card to purchase groceries, or other necessities, the rules may be different. Be sure to ask your attorney for advice.
Don’t fear reminding your attorney of any specific details of your case. Don’t assume that they will recall every detail that you go over with them without a friendly reminder. Speak up, because it is your future on the line.
Do not attempt to conceal any assets when filing for bankruptcy because you may be penalized when they are discovered. Good or bad, you must tell your bankruptcy attorney everything about your financial situation. Never hide anything, and make sure you come up with a well devised plan for dealing with bankruptcy.
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.
Before you consider filing for bankruptcy, you should make a pre-determination if bankruptcy may be the right choice. First, make a list of all income, including, salary, child support, alimony, rent and any other sources you may have. Then, make a list of your bills. These would include mortgage, rent, car payments, monthly credit card payments, groceries and gas. If your monthly bill total is more than the income you bring in, it may be time to seek the advice of a bankruptcy attorney, who can help you make the final decision.
Be highly skeptical of any debt settlement companies. If possible, avoid using one altogether. Often times, because you are paying them monthly, they will drag their feet on your filing to make more money. They are usually unregulated, as well, which makes it difficult to fight any injustices you may encounter.
Remember that until your bankruptcy is filed, you must not ignore any bill collectors or lawsuits by creditors that could result in wage garnishments. The same holds true of delinquent auto loans that can lead to repossession. Once the bankruptcy has been filed, you will be protected from these creditors, but until then, be sure to make timely payments or try to negotiate with them to avoid lawsuits, lost wages and repossessed property.
Clean up your credit record after ten years. When you file Chapter 7 bankruptcy, it remains on your credit report for ten years. However, the credit bureaus are not required to remove the information. In order to get rid of the bankruptcy record, write a letter to the credit reporting agencies, along with a copy of your discharge notice. Follow this up with a phone call to make sure that they have removed the bankruptcy record.
You can change your Chapter 13 bankruptcy payments in certain situations. While your payment amount will be set up for 3 to 5 years, if there is a change in your situation, you may be able to amend it. A decrease in income, such as, a pay cut, or a sudden increase in expenses, such as, a medical condition, may allow you to amend your monthly payments. You may be able to reduce the payment accordingly, or in some cases, suspend your payment for a certain amount of time.
As you can see, just by reading this article, the thought of bankruptcy is not as scary and confusing as it once seemed. Hopefully, the information that was presented to you has helped shed some light. If you feel that bankruptcy is right for you, remember the information from this article, as you take the next steps.