Important Information To Know Before Filing Bankruptcy
Restored from the Empower Network archive (2011–2017), lightly edited to meet our current advertising standards. Views are the original author’s.
If you and your family have found yourselves buried in financial debt, one of the first things that come to mind is filing personal bankruptcy. A bankruptcy filing may seem like a life preserver, but it has its drawbacks. Continue reading to learn more about filing personal bankruptcy, and to see if it makes sense for you.
After your bankruptcy has been discharged, or finalized, a good way to begin re-building your credit is to obtain a pre-paid credit card. This type of card is usually available at your local bank. The card is secured by the amount of money you load onto it. You can not charge more than what you have loaded onto the card, so over-spending shouldn’t be a problem. It works like a regular credit card, with monthly statements and payments. After you have kept this card in good standing for a period of time, you may be able to have it switched into a regular, revolving credit card.
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.
When it comes to personal bankruptcy, be sure that you know that your credit is not necessarily ruined for ten years. While this is commonly mentioned, there are many lenders who understand that there are good people with poor credit and can help people re-establish their credit in other ways.
Keep a close eye on your case to ensure all of the information is correct when you use an attorney’s services to avoid problems. While an attorney can help you with paperwork, because they have multiple clients, it is possible for the attorney to send incorrect information to the courts. Double check everything needed to avoid delays and reduce the possibility of losing your case.
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.
Seriously consider if bankruptcy is the right choice for you. If you do not owe too much in credit card debt and medical bills, you might be able to handle the debts yourself with credit counselors and payment arrangements. Bankruptcy can be a serious financial choice, so make sure you consider all your options carefully.
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.
Don’t charge up your credit cards knowing you are going to file bankruptcy, if you have already started the process or made recent purchases for luxury items. While this type of purchasing is still part of your “˜debt,’ it is likely that you’ll still be responsible for repaying the money for those items. In most cases, what you are attempting to do is obvious.
As you can probably see, there are quite a few things to think about before deciding on a bankruptcy filing. Assess your personal financial situation and the types of debts you have, because not all types of debt are able to be discharged. With a little bit of homework, you can find out whether personal bankruptcy is the right solution for you.