Expert Advice About Declaring A Personal Bankruptcy
Restored from the Empower Network archive (2011–2017), lightly edited to meet our current advertising standards. Views are the original author’s.
The sheer volume of information available on the topic of personal bankruptcy can leave those contemplating filing a petition, feeling overwhelmed and without hope. However, by taking some time to separate relevant facts from unnecessary discussion, it is possible to gain a comprehensive understanding of how bankruptcy protection can help you. By using the tips and ideas in this article, you will know how to declare a personal bankruptcy.
Decide whether you want to file for Chapter 7, or Chapter 13 bankruptcy. As an individual, you may do either one. Find out as much as you can about each type of bankruptcy, so you are able to make a choice that you can live with in the future.
Don’t file for Chapter 7 bankruptcy just to avoid foreclosure. You probably will only get temporary relief if you do this because you’ll have to rea401K,firm your mortgage in order to go through with the bankruptcy. In some cases, you may end up losing your home if you file for this type of bankruptcy.
Do not drain your 401K or retirement plan, in order to use the funds to pay off debt before filing for bankruptcy. Those funds are protected, so you should hold onto them. If you need to, use them to keep up with the payments for the secured lines of credit on the things you plan to keep.
If you have to go through a personal bankruptcy, it is important to keep a positive attitude. Financial problems can easily lead to depression, which, if left unchecked, can lead to worse monetary problems. Focus on the good things that will occur after your bankruptcy instead of the negative aspect of going through it.
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.
Bankruptcy can get expensive, especially since you are considering it because you have no money! There are attorney fees, filing fees and other fees to consider. When interviewing prospective bankruptcy attorneys, try to find one who is willing to set up a payment schedule for his fees. There are some who will do this. Some will require some sort of collateral to guarantee payment. Before you agree to this, be sure the terms are clear and how re-payment will be made so that you don’t risk losing something valuable.
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.
Get a secured credit card after filing for Chapter 7 bankruptcy. A secured card requires you to put down money in order to open the account. However, if you use the card responsibly and pay it off every month, you can raise your credit score. So, within a few years of filing, your credit will be good enough to get you into an apartment or allow you to purchase a new vehicle.
In recent years, the topic of declaring a personal bankruptcy has taken on increased significance, as a result of the financial crisis. An incredible amount of discussion and debate has centered around how, when and why an individual consumer might consider filing a bankruptcy petition. Investing the time necessary to sift through the noise and educate yourself about the process can be the smartest financial decision you can make. Apply the concepts in this article to your circumstances, and you may be able to begin anew with a clean financial slate.