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Friday 27 June 2014

Keeping Your Head Above Water When Bankruptcy Is The Option

By Anthony Cruz


Many people disapprove of bankruptcy until their personal situation changes. You never know what is going to change in your life. For example, you could lose your job or get divorced from your spouse, which could cause you to be forced to claim bankruptcy. Follow the advice presented here if this describes your situation.

Most people end up filing for personal bankruptcy because they owe more than they make. If you are in this position, you need to be familiar with the laws in your area. When it comes to bankruptcy, states have varying laws. For instance, some states protect you from losing your home in a bankruptcy, but others do not. Become acquainted with local bankruptcy laws before filing.

Don't think that loading up your credit card with tax debt and then filing for bankruptcy is an answer either. Most of the time, you cannot discharge this debt. As a result, you will owe the IRS a lot of money. One thing that you should remember is that if your tax is dischargable, your debt will also be dischargeable. Just because your credit card could be discharged in bankruptcy does not mean you should use it.

A key tip for those filing a personal bankruptcy petition is to always be completely honest in all documentation. Not only is hiding income and assets wrong, it is also a crime.

Prior to filing for bankruptcy, discover which assets cannot be seized. The Bankruptcy Code provides a list of all the different kinds of assets that you can exclude. It is crucial to read the list before you file for bankruptcy so you know whether your favorite items will be taken. It is important to know what types of possessions may be taken away before they actually are seized.

You should never give up. 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. Consult with a lawyer that can walk you through the filing process.

Know your rights when filing for bankruptcy. Some debtors will try to tell you your debt with them can not be bankrupted. Few debts exist that are not covered by bankruptcy, such as student loans or child support. If a collector uses this tactic about debt that can, in fact, be discharged through bankruptcy, report the collection agency to the attorney general's office in your state.

Know and understand the difference between filing for Chapter 7 bankruptcy versus Chapter 13 bankruptcy. There is a wealth of information online about each type of bankruptcy and their respective pluses and minuses. Ask your bankruptcy lawyer to clarify anything you don't understand before making a final decision about which type of bankruptcy to file.

Chapter 13 bankruptcy might be a good option, so don't overlook it. With a consistent income source and less than $250k in debt, try filing for Chapter 13. When you file for Chapter 13, you can use the debt consolidation plan to repay your debts, while retaining your real estate and your personal property. It usually takes three to five years to fulfill this plan. When the time is up, you're unsecured debts will be discharged. However, if you miss even one payment, the court will dismiss your entire case.

Don't hide from your friends and family while you go through bankruptcy. The process of bankruptcy can seem brutal. Having to declare bankruptcy leaves many people feeling like a failure. Lots of people decide they should hide from everyone else until it is all over. However, becoming a hermit will only increase feelings of self-doubt and could make you depressed. It's crucial to spend time with loved ones despite your present financial situation.

This article outlined a few different types of personal bankruptcy. Do not be overwhelmed by all the information. Take a moment to sort it all out and ponder the tips for a moment. Take your time and think carefully about your decision before taking action.




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