Personal Bankruptcy: Is It Right For You?

In this economy, we cannot fault the high numbers of people filing for personal bankruptcy. There used to be a stigma attached to filing, but that has long since passed. For many, filing for personal bankruptcy is the only way to carry on, the only way to exist. The following article will offer you some tips on how to accept and proceed with the circumstances of personal bankruptcy.

Laws regarding bankruptcy vary by state, so you need to find a lawyer that can walk you through the entire process and help keep your rights protected. In several cases, you can keep your car and your home, but it's your attorney that will tell you what rights you have, what you can keep, and what you will need to surrender.



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.

Don't wait too long to file for bankruptcy. So many people suffer with debts, and sleepless nights for years. They could have filed for bankruptcy, and been in the clear by now. If you are thinking about filing for bankruptcy, time is of the essence. Make the decision so you can move on that much quicker.

If you are planning to file for bankruptcy in the near future, don't charge up your credit cards thinking that you won't have to pay back the debt. In many states, there are rules about how much credit card debt and what kind, may be discharged in a bankruptcy. For instance, if you make purchases for luxury items, such as an expensive new TV, within 6 months prior to filing, you may be obligated to pay that amount back. On the other hand, if you used your credit card to purchase groceries, or other necessities, the rules may be different. Be sure to ask your attorney for advice.

Meet with many different attorneys before making any decision on one. To do this, you must start looking well in advance of when you need to file. If you wait until the last minute, you will not have the time to find an attorney that will give you good advice, and one that is easy to work with.

Once you have filed for bankruptcy, do not discontinue payment on secured loans. These loans are the ones for your car or your home. Even if you are not receiving paper bills or statements on these accounts, make the regular payment on time, each month. These are likely the possessions you do not want included from the bankruptcy.

Make sure that you really need to file for bankruptcy. It may be that all you really need to do is consolidate some of your debts. Bankruptcy is not a simple, breezy course of action that should be taken lightly. Having a bankruptcy on your record will hinder your ability to get credit in the future. Before you decide to file for bankruptcy you want to be absolutely certain that it is the only way to resolve your problems.

It is wise to meet with several lawyers before making a final decision, take advantage of the free consultations to find one that is a good fit for you. Make sure you meet with a licensed attorney rather than a paralegal or assistant, because it is illegal for these people to give legal advice. Interviewing multiple attorneys is a good way to find the best fit.

If you are filing for bankruptcy and have outstanding payday loans, be sure to get the advice of your attorney regarding them. Many payday loan forms contain a disclaimer stating that they are exempt from future bankruptcies that may be filed by you. However, these are not supported by law. The truth is, your payday loans are fully discharged through bankruptcy just like any other unpaid bill.

Keep in mind that your credit is not necessarily ruined just because you have filed for bankruptcy. But, it is important once you have filed for bankruptcy, that you properly manage your finances. This is the only way that you are going to be able to rebuild your credit the right way.

You can take out a mortgage or car loan while filing Chapter 13 bankruptcy. It is much harder. Normally, the trustee assigned to your bankruptcy must approve any new loan. Create a budget and prove you can afford a new loan payment. Be ready to justify the purchase that you need the loan for, too.

Before you file for personal bankruptcy, become more fiscally responsible. Avoid running up current debts or taking on new debt just before filing for bankruptcy. Both creditors and judges take a look at what you are doing now, as well as what you have done in the past. Your current spending behavior should show that you are making a real effort to modify your financial habits.


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. Discover More could really help your financial situation by relieving you from that large second mortgage payment each month.

Don't make the mistake of hesitating to file for bankruptcy because you think you won't be able to file again and may need to save it for a worse financial situation. The laws vary from state to state, but you may file again after a certain period, usually two to eight years, depending on the type of bankruptcy filed. Of course, you won't want to file again, but in case of job loss or a major illness, the opportunity is there if you need it.

If you know that you are about to file for bankruptcy, don't exploit the information asymmetry and get huge cash advances on your credit cards. Doing so constitutes fraud. You can easily be ordered to repay all of this money, by the courts.

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.

Take Recommended Studying of any tip you found to be especially helpful here. Print a copy to keep on your desk as you prepare to file for personal bankruptcy. This will make it easy to benefit the most from the information learned here. It is the details that are missed that may hurt you the most, so be sure to be careful when filing.

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