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Making An Informed Decision When Thinking About Bankruptcy

Anyone who files for bankruptcy has had feelings of stress and worry. That is usually due to lack of knowledge about what bankruptcy means and what the ramifications of bankruptcy are. Here are just a few of the things you should know about bankruptcy, so that you can remain calm and positive about your financial life.

Trying to exclude family members you owe money to before filing for personal bankruptcy can get you into serious hot water. The court will look into who you pay-off as far as a year back, and if they find you showing favor to family over other creditors, they could invalidate your filing completely.

Don’t be afraid to apply for credit for purchases such as a new home or car just because you have a recently discharged bankruptcy. Many lenders will take your new financial situation into account. They may be more likely to loan money to someone who has no debt due to a bankruptcy than to the person with, say, 75,000 dollars in credit card debt. The fact that you have no monthly credit card payments can make you look like a better risk.

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.

Find out what the homestead exemption limit is in your state before filing for Chapter 7 bankruptcy. If you have too much equity in your home to qualify for the exemption, you could lose your house in the bankruptcy. You can’t change your mind once you’ve begun the process, so make sure you will be able to keep your home before you file.

Before you decide to file for bankruptcy, be sure to obtain a free consultation with a bankruptcy attorney. Depending on where you live, you have the right to speak to an attorney before filing. Any good attorney will offer a first appointment free. This is an important consultation, as you will need the answers to many questions. These may include: attorney fees, what type of bankruptcy to file, and what types of information, paperwork you will need to provide. Most importantly, an attorney will be able to determine if filing for bankruptcy is the right decision for you.

Stay abreast of new laws that may affect your bankruptcy if you decide to file. Bankruptcy law evolves constantly, and it’s important to stay up-to-date to ensure that you file properly. Check the website of your state’s legislation or get in contact with your local office to learn more about these important changes.

Bankruptcy laws vary from state to state. Play it safe and hire an attorney that works in your own state to be sure that the correct laws are followed. Some lawyers are better than others, so be sure to select one that is qualified to handle your case. It could make a big difference in how smoothly things go and the end result.

It is possible to keep your home. Filing for bankruptcy will not always result in losing your home. You can still keep your home, it just depends on your specific situation and the value of your home. If this is not the case, find out more about Homestead Exemptions you might qualify for if you meet certain financial requirements.

Don’t repay personal debt to friends and family before filing for bankruptcy. Although you may feel obligated to pay these people back first, it is not a wise decision. Because you must reveal this information when you file for bankruptcy, the trustee can legally ask for this money back or sue for it.

If you filed for bankruptcy, and now would like to restore your credit, be careful on how you do this. There are some legitimate companies out there that do want to help, and will. However, there are also very many companies that are just waiting to take advantage of people who are in a tough situation. So do your research very carefully, when trying to hire one of these companies.

If you are considering filing for divorce and bankruptcy, file the bankruptcy first. This could save you money in family attorney fees and make the financial aspect of the divorce much simpler. There are certain situations when this is not the best idea. Check with a bankruptcy lawyer before you do anything.

Remember that filing for Chapter 7 personal bankruptcy will not just affect you. Think about the effect it will have on business associates, friends and family or anyone else who may be a co-signer with you. A Chapter 7 bankruptcy will relieve you of your legal responsibility to pay any joint debts. But, creditors will ask for the money from your co-debtor.

Make sure to comply with the educational requirements for bankruptcy. You have to meet with an approved credit counselor within the six months before you file. You have to take an approved financial management course. If you don’t take these courses in time, the court will dismiss your bankruptcy.

Be completely up front and honest about your situation and assets to avoid courts from dismissing your case. If the court catches you deliberately hiding assets or income, it can bar you from filing and even refilling for bankruptcy on debts that you have listed within the petition. This makes it impossible to remove debts.

In your personal bankruptcy documentation, don’t forget to account for all debts, loans, and credit cards. Even if there is no debt on a credit card, list the credit card on your statement. Quite a few people overlook these items when filing, and they can lead to delays in the process.

After reading this article, you now have information that should make you feel more secure about the bankruptcy proceedings you may be experiencing. Knowledge can always shed a light on things, and bankruptcy can be easier dealt with, if you use the tips in this article to get through the process.

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