There are those who consider bankruptcy a situation for losers, but when it affects them personally, they change their tone. Sometimes bankruptcy becomes the only viable financial option thanks to uncontrollable circumstances, like a divorce or a layoff. If you find yourself in this situation, the below article will assist you.
Once you have filed for bankruptcy, you will have to do your best to build your credit all over again. Do not be tempted to allow your credit account to have nothing on it, so it will appear to be fresh. This will send a bad signal to anyone who is looking at it.
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.
If you are considering filing for bankruptcy you definitely need to hire an attorney. Filing for bankruptcy is complicated and there is no way you can understand all you need to know. A qualified bankruptcy attorney can guide you through the filing process.
You are going to get found out and get in trouble if you don't disclose all your assets, so be totally honest from the beginning. The person you choose to file with needs to know both the good and bad aspects of your finances. Being honest is both the right thing to do and, moreover, it is required by law.
If you can, keep some of your debt out of your bankruptcy. Work on paying down this debt yourself, or especially if you can negotiate a lower rate or new payment terms. This will help to preserve your credit rating, to some extent, because bankruptcy itself will do a number on your score.
If you've considered the pros and cons involved with choosing bankruptcy, and you feel that this is the only option you have left, be sure to consider all the personal bankruptcy laws. Don't just sit back for the ride; be sure to work together with your lawyer so that you can get the best outcome possible.
You can take steps to hang onto your house. Filing bankruptcy does not necessarily mean that you will lose your house. If your home has significantly depreciated in value or you've taken a second mortgage, it may be possible to retain possession of your home. You are still going to want to check into homestead exemption either way just in case.
If you are getting sued and filing for bankruptcy, you may need to buy some time for the summary judgment to come through. If this is the case, pay a filing fee to buy some time. Mail a letter to the opposing side stating "I dispute the validity of this debt." That will buy you more time.
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.
Understand the rights you have as a bankruptcy filer. Collectors may try to convince you that your debt can't be discharged. There are a few debts that cannot be cleared, such as student loans and child support, but be sure to know the details when dealing with debt collectors. If a collector tells you your debt won't be discharged in your bankruptcy and you know that it will, report the collector to the attorney general's office in your state.
Be selective. You may have learned that you must continue to pay for auto and home loans, and to stop paying your credit card bills immediately. That money could be put to much better use somewhere else. Continuing payments on these accounts is wasted money. Apply it to the lines of credit that you plan to keep.
No one is eager to file for bankruptcy, but in many cases, the alternatives are even worse. Having studied the information in this article, hopefully you are better prepared to deal with the bankruptcy process. It will be a little easier to face bankruptcy after learning from people who have experienced it.