Sunday, June 29, 2014

Bankruptcy Advice Every Consumer Should Know In Advance

By Steve Lamban


If you are in debt and on the verge of filing for bankruptcy, then do not worry any longer. There are countless resources available online to help you avoid the ruins of going through a bankruptcy. This article can help you take steps to avoid bankruptcy, and how to handle it if you must file.

It's important that you understand what bankruptcy is and how it will change your life before you attempt to file a claim. The United States DoJ along with other private and nonprofit organizations all have insightful knowledge. As with everything in life, the more you know about filing a claim, the better off you'll be. You can properly prepare when you know what you're preparing for.

Always be honest with the information you give about your finances. You may be tempted to try to hide income and personal assets from discovery, but doing so often leads to major complications, monetary penalties and the possibility that your case will be thrown out of court.

When you feel certain that you must file for personal bankruptcy, refrain from squandering your life savings to pay off unsecured debt. You should never touch your retirement accounts, unless you have absolutely no choice. While you may have to use a part of your savings, never completely wipe it out which would only leave you in worse financial shape in the future.

Do some research to find out which assets you could lose by filing for personal bankruptcy. The Bankruptcy Code has lists of various asset types that are exempt during the process. Prior to filing for bankruptcy, it is critical that you go over this list, so that you know if you can expect any of your most valuable possessions to be seized. While it might not be possible to protect a particularly beloved possession, at least you will know in advance whether or not you risk losing it.

Stay positive. Bankruptcy might help you get back things you thought you'd lost and had repossessed, such as electronics, vehicles and jewelry. Any property repossessed within 90 days before filing bankruptcy, may be able to be returned to you. Talk to a lawyer for help with the petition filing process.

No good will come of trying to conceal your assets or your liabilities in the bankruptcy process; you want to be scrupulously honest when you declare bankruptcy. Your attorney and trustee should be privy to all information about your finances. Never hide anything, and make sure you come up with a well devised plan for dealing with bankruptcy.

Your most important concern is to protect your home. Filing for bankruptcy does not mean you have to lose your home. If your home has significantly depreciated in value or you've taken a second mortgage, it may be possible to retain possession of your home. Otherwise, there is a homestead exemption you should look into, as it might let you stay in your house.

Familiarize yourself with any new law before you make the final step to filing for bankruptcy. These laws change regularly and you should stay up-to-date so you can make the best decisions. Your state's website should have the information that you need.

If you make more money than what you owe, filing for bankruptcy is not a good option. While bankruptcy may seem like an easy way out of having to pay back all of the debt that you owe, it is a stain that will remain on your credit report for seven to ten years.

If you really want to keep your vehicle, speak with your lawyer about possible choices. Chapter seven bankruptcy often provides for the lowering of payments. There are certain requirements and restrictions such as a loan that has a high interest rate, cars purchased 910 days before you file, and a steady job history that can help you keep your vehicle.

Even if you are involved with Chapter 13 bankruptcy, it is still possible to get a mortgage or an automobile loan. However, there are steps which must be taken to ensure you are within the law of bankruptcy. You will have to get this loan approved by your trustee. Present a planned budget that shows how you can take on the loan payment and stay current. You also have to prepare yourself to explain the reasons you need to buy the item.

As you now know, bankruptcy is not a decision that should be made lightly. After weighing all of your options, if you conclude that bankruptcy is the best option for your particular situation, be sure to hire a competent attorney. Follow the advice given in this article to get through this rough time and move on to a more secure financial future.




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