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How To Decide When To File Personal Bankrupcy

by bentonmary

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Anyone who has considered filing for personal bankruptcy can attest to the uncertainty and alarm the very idea of the process can cause. This does not need to be the case, however, because by gaining a bit of knowledge about bankruptcy, it is possible to sort through the worry and see the truth. By applying these tips to your own financial situation, you can determine whether bankruptcy represents a smart way to get a fresh start. If you are in a financial position where declaring bankruptcy is imminent, never put off declaring. When you wait, your financial situation is likely to continue to deteriorate and prove even more devastating. For this reason, when the financial hole that you have dug is too deep, it is smart to file sooner, rather than later.


Schedule a consultation with a personal bankruptcy attorney. Many attornies give free consultations. Usually, these meetings are enough to make you more comfortable with the process. Do not pay an attorney for the initial consultation. If an attorney will not give you a consultation without obtaining a fee, find one that will. Don't be embarrassed to admit the fact that you are bankrupt to your family and friends. Most people will be surprisingly sympathetic to your situation. After all, there have been several reports published that state that one third of the population on the USA are just one paycheck away from homelessness. Look into Chapter 12 bankruptcy if you are a family farmer.


The purpose of this chapter is to reorganize the farming business so that it can remain operative. Chapter 12 bankruptcy can be filed by single-owner farms or partnerships. Be aware that there is a ceiling on the amount of debt for these filings. You should understand all that filing for personal bankruptcy implies before you consider this option. You should consider the type of debt that has caused you to consider filing. There are many debts that filing for bankruptcy will help eliminate, but there others that will remain such as student loans and funds that are owed to the IRS. See what the value is on your home. If you are upside down on your mortgage, you may be able to eliminate your second mortgage. The main guideline for this is that your home must be worth more than what you owe on the first mortgage.


This could really help your financial situation by relieving you from that large second mortgage payment each month. No matter how trivial you may think it is, all income should be reported in your bankruptcy filing. You can create issues in your bankruptcy if your income information does not flush with bank and finance records. Be sure to include all incomes within the household that can be considered part of your normal income. Look at all of the options. Although bankruptcy can be highly damaging to your credit score when you file, it may actually help you in the future. It will remain on your credit report for ten years, but if filing for bankruptcy helps you overcome your debt now, it will be better for your credit score than making late credit card and loan payments for the rest of your life.


Remember that certain kinds of debt won't be discharged even after you have filed for bankruptcy. If you have outstanding student loans, owe child or spousal support, a divorce settlement agreement, or unpaid taxes, you will still be liable for these debts. Also, if you forget to list certain debts on your court documents, you won't be able to add them in the future. If you have late payments on credit accounts or accounts that have been sent to collections, you are probably already aware of how insistent creditors can be. After you have filed for bankruptcy, you no longer need to endure the threatening and continuous phone calls from creditors and collection agencies. All you must do is refer them to your attorney who will confirm the bankruptcy for them.


After this, it is illegal for creditors to harass you in any way. When selecting a lawyer for personal bankruptcy, do not be afraid to ask questions. Bring a written list to your first consultation so that none of your questions go unanswered. It can be intimidating to speak to an attorney, and having a list will ascertain that you don't forget to ask certain questions. Be fully educated about the rules of bankruptcy. If the courts were to find that you have disregarded any of the rules in place, your petition could be dismissed.


Laws prohibit picking and choosing some debts to pay off prior to filing for bankruptcy. Family members cannot be paid off within one year of filing and creditors are limited to ninety days. Bankruptcy filing is a topic shrouded in mystery and embarrassment for many. This is an unfortunate thing because the fact is that the process can be extremely helpful for those facing serious financial distress. Take the guidance and information in this piece to heart. It is possible to learn if bankruptcy might be the right financial solution for you.

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