Anyone who files for bankruptcy has had feelings of stress and worry. That is usually due to lack of knowledge about what bankruptcy means and what the ramifications of bankruptcy are. Here are just a few of the things you should know about bankruptcy, so that you can remain calm and positive about your financial life.
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.
Consider hiring an attorney who specializes in personal bankruptcy. Although most states allow you to file for bankruptcy without a lawyer, your case could be dismissed if you don't fill out your paperwork correctly, and you may need to file additional motions to protect your property or discharge certain debts. A bankruptcy attorney can help ensure that you get the outcome you hope for when you file.
Be https://www.nytimes.com/2014/01/02/us/loan-monitor-is-accused-of-ruthless-tactics-on-student-debt.html about your spending habits until your hearing. Judges take a look at your entire financial picture. They even look at the things you are doing right now, to see if you are trying to take advantage of the system. Show that you are now on the right track financially.
Prescreen any bankruptcy lawyer before hiring one. Because bankruptcy is an every-growing area of law that attracts new lawyers all the time, you are likely to encounter many new lawyers who do not have much experience. You can check any bankruptcy lawyer's credentials online and see if they have any disciplinary actions on their record for improper filings or practices. You are also likely to find client ratings. In the matter of choosing a lawyer, one with experience and a positive record is always best.
If you are trying to rebuild credit after filing for bankruptcy, you should apply for secured credit cards. These can help you establish credit, but you have to make sure that they are one of the companies that report to the major credit bureaus, since all of them do not.
Filing for bankruptcy does not wipe out all of your debts. It does not stop you from having to pay alimony, child support, student loans, tax debt and most types of secured credit. You will not be allowed to file if these are the only types of debt that you have on record.
Never use a paralegal to guide you through the bankruptcy process. While some paralegals may have the necessary knowledge to provide all the answers you need, they cannot give legal advice legally. Because of this, you are not guaranteed in any way to receive accurate information or advice. An attorney, on the other hand, has a legal and ethical obligation to provide you with accurate information and sound advice.
Do not cosign on any type of loan during or after your bankruptcy. Because you cannot file for bankruptcy again for many years, you will be on the hook for the debt if the person for whom you are cosigning is unable to meet his or her financial obligation. You must do whatever you can to keep your record clean.
When you file for bankruptcy, remember to include all credit and debit accounts. You should even include those credit cards that do not have a balance. Some people leave these out because they wish to keep these accounts open. In addition, you need to include all the information about any auto loans that you may have.
A good personal bankruptcy tip is to be well versed in all of the rules when it comes to filing for bankruptcy. The last thing you would want is to be penalized, or taxed by the IRS. https://college-education.procon.org/ do indeed tax some of the debt that you've managed to get rid of.
Stop using your credit card. If you are filing for bankruptcy, refrain from using your credit card a few months in advance. A court will, generally, frown upon any frivolous charges showing up on your personal bank statements. Try to keep in mind how your bank activity will appear to a judge.
Do not hide assets while you are preparing to go through a bankruptcy. It may be tempting to take a home and/or other property and place it in a spouse's name, but if you get caught doing that you will face charges for fraud. The penalties being jail time and/or fines.
If you find yourself in a situation where personal bankruptcy is the only choice you have, call a reputable attorney. You may be able to get through bankruptcy on your own by using information you can find online, but if your finances are complicated working with an attorney is the best option.
Be aware that bankruptcy does not actually cover all types of debt. Debts that you owe to the government (both federal and local) will still need to be repaid. Some people try to dodge this by financing their tax bills through credit cards or loans. This does not work; you will not be able to discharge those debts via bankruptcy.
When meeting with a bankruptcy lawyer for the first time, bring all your financial records. An attorney cannot adequately assess or give you information about your specific financial situation, if he/she is not in possession of all the facts. Papers you should plan on bringing include any documentation pertaining to assets (homes, vehicles, etc.) and debts (credit car bills, loan documentation, etc.)
Be certain to create a list that displays all the debts you want discharged when you file. If you posses debts that aren't listed in the paperwork, they wont be included in your discharge. It is up to you to ensure that all important information is there, so all debts are discharged.
If you are hiring a lawyer, don't be afraid to speak up. Don't assume your lawyer knows everything. If you have concerns, voice them. If there are things you feel your lawyer is overlooking, remind them. Don't be shy about it. Repeat any crucial information that might have been glossed over.
As you know, filing for bankruptcy is a major decision that can have a huge impact on your life. By carefully studying this article, you should now have a much better understanding of America's bankruptcy laws, and you should be able to decide whether or not filing for personal bankruptcy will benefit you and improve your particular financial situation.