Sometimes, life deals you a bad hand. One thing leads to another and you wind up having to declare bankruptcy, in order to protect yourself and your family. Even if you have lost this round, bankruptcy proceedings can give you a chance to stack the deck in your favor for your next round.
Individuals often seek to file for personal bankruptcy protection if their debts exceed their ability to repay them. If https://mic.com/articles/187352/student-loan-repayment-plan-default-dont-worry-about-the-size-of-your-student-debt-focus-on-this-number-instead-brookings is the case for you, you should begin to investigate the legislation in your state. Bankruptcy laws vary from state to state so it is important to do your research. In some states, your home is protected, while in others it is not. See to it that you understand the bankruptcy laws in the area that you live prior to filing.
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.
Hire a lawyer. Filing for bankruptcy does not require a lawyer, but a lawyer makes the process easier. https://www.jacobinmag.com/2017/06/walter-scott-police-killing-michael-slager-race-class allows you some degree of relief to know, that a professional will be handling your case. Take your time, and choose a lawyer with a lot of experience in the field.
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.
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.
Be aware that most bankruptcy lawyers will offer a free consultation. Take advantage of that and meet with several of them. If it's handled in 15 minutes or less, if you meet with the assistant instead of the lawyer, or if you're pressured to sign up immediately in person or by phone, go somewhere else.
Talk to a credit counselor before deciding to file for bankruptcy. You have to attend an approved credit counseling session anyway in order to file, and a qualified counselor can help you evaluate your options and determine whether bankruptcy is in your best interest. Ask your credit counselor any questions you may have about what type of bankruptcy to file or its effects on your credit.
If you have many non-dischargeable debts, filling for bankruptcy may not be very beneficial or advisable. Non-dischargeable debts include student loans, taxes, child support payments, fraudulent debts, and alimony payments. Filing for bankruptcy will not dissolve any of those debts and will only make it harder for you to secure credit in the future.
If you are facing foreclosure, you may want to make the choice to walk away from your home. This could help you to live in your home for up to a year, maybe longer, without paying anything for it. You can then save the money that you were trying to squeeze out for your mortgage payment and use it on a new home.
Don't wait too long to file bankruptcy if, you have to go that route. Many debtors spend years trying to deal with debt before they file. You can get free consultations with some attorneys, to find out about bankruptcy and your rights. They can suggest the best time to file, and may provide services like credit management.
You do not need to lose all your assets just because you file for bankruptcy. You can keep your personal property. This covers items such as clothing, jewelry, electronics and household furnishings. This depends on the laws in your state, the bankruptcy type for which you file, and your unique finance situation, but it may be possible to retain your home, car and other large assets.
Prior to filing for personal bankruptcy, take care to not make withdrawals from your retirement accounts, IRA's, or 401k's. You may think you are doing the right thing to free up money, but often these types of accounts are protected from any bankruptcy proceedings. If you withdrawal the money, you may be opening it up to any bankruptcy action.
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.
You will most likely need to consult with a lawyer who specializes in the field of bankruptcy prior to filing. Be diligent in your research before you hire someone to represent you. Check all public records available on your attorney and make sure he or she is properly licensed and has excellent references. You should visit with several lawyers and examine what payment structures they offer based on what type of results. You should not hire anyone who makes you feel uncomfortable with them.
Have all of your records and books ready when you are consulting an attorney about filing for bankruptcy. Many attorneys charge you by the hour for their services, so being prepared to eliminate the amount of work they will have to do help you, which means that you will end up paying them much less.
Understand that income tax should not be paid on any sort of debt discharge. This will save you a lot of money when it comes time to pay your taxes. Be sure to check with a tax specialist before you submit your taxes, in order to; make sure you're within the legal boundaries.
As you can see, you should give bankruptcy a lot of thought before deciding whether or not you should file. If bankruptcy is sensible option for you, a good and experienced bankruptcy attorney is a must have to help you begin the process of starting your financial situation anew.