Filing for bankruptcy is a very important decision and one that shouldn't be taken lightly. Go over look at more info in the following paragraphs to get an idea of what you're in for, and to learn what you should know before you decide whether or not to file. All knowledge that you can gain at this point will only help you on the difficult road ahead.
If you are being faced with home foreclosure, wage garnishments or other situations that make it necessary to file for bankruptcy quickly, you may want to explore an emergency filing. Regular bankruptcy filings entail approximately 50 pages of paperwork and one to two weeks for an attorney to pull everything together. In an emergency filing, your attorney can file just the first 2 necessary pages and keep creditors from continuing foreclosure or garnishment proceedings. The rest of the work will be completed afterward.
Make sure you have a solid understanding of which debts can be eliminated by bankruptcy, and which ones cannot. Debts like student loans, child support or alimony payments, and taxes, are generally not discharged through bankruptcy. Bankruptcy can help if your wages are being garnished or if you have large unsecured debts, like, credit cards and utility bills.
Make sure that you know which,or your assets you will lose when you declare yourself bankrupt. While filing for bankruptcy may seem like a great way to clear the slate and start again with your finances, you need to understand that most of your assets will be seized during the process.
Know your rights when it comes to filing for personal bankruptcy. The last thing you need now, is a hassle from the legal professional that you hire to represent you. A few years ago, the Bankruptcy Abuse Prevention and Consumer Protection Act was made into law, in order to protect financially strapped consumers from being ripped off. Beware and be informed!
Since filing for bankruptcy is quite a complicated process, it is recommended that you find yourself a lawyer that specializes in bankruptcy. There is usually some sort of a fee associated with hiring one though. However, if you can not afford one, you should still look into one since there are organizations that could help you out with the cost of one.
Evaluate your consultation with any lawyer by the way he or she handled the consult. Consider the length of your consult. If it lasted less than 15 minutes or it was with an assistant rather than an actual lawyer conducting the consult, this could signal that lawyer is probably not the best choice. You want someone that takes the time to handle your case personally, and you want to get your money's worth. You should also shy away from those lawyers who pressure you with phone calls or try convincing you immediately after a consultation by getting pushy.
As tempting as it may be, do not run up credit cards right before filing for bankruptcy. Many times, people purchase expensive items, like jewelry, appliances and furniture right before they know they are going to file for bankruptcy. Most of the time, they are still going to be responsible for paying back this debt.
Gambling losses are another thing that must be listed on your application for bankruptcy. Any monies lost twelve months prior to filing must be disclosed. Failure to disclose could cause you to face perjury charges. If you are found guilty, you could face time in jail and dismissal of your petition.
Don't forget to enjoy your life once your finances get fixed. After filing, many people find themselves stressing over their situation and how to fix it. This kind of stress can take a heavy toll on your personal life, especially if you are not making any efforts to adopt a positive attitude. Things will be sunnier after you take positive steps to move forward.
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.
Consider every option prior to filing for bankruptcy. Perhaps credit counseling can resolve your issues. May non-profit companies are available to help you. These companies work with creditors to reduce your payments and interest. You pay them and then they pay the creditors.
Fight the temptation to rack up large credit card balances just before filing. The creditor will take a look at your account history. If they determine that you charged a lot before applying for bankruptcy, they can file a request with the court to hold you responsible for the amount that you charged.
Don't get into bankruptcy with a false sense of security. Be aware that once you've filed personal bankruptcy, it is public. Just because it involves personal financial information does not mean that it involves personal privacy. It immediately becomes public information. Anyone and everyone can see everything about your finances, if they chose to search for it.
There are lawyers who maintain a telephone service meant to field calls from creditors attempting to contact debtors who have filed for bankruptcy. All you have to do is give the creditors this number. Then, they can call this number to confirm you are actually going through bankruptcy. This will put an end to the collection phone calls.
Have a credit report done before you file for bankruptcy. This will give you a list of debts that you have, and therefore give you a place to start when listing your debts for your bankruptcy filing. Make sure that there are no mistakes on it, and make sure to give it to your bankruptcy lawyer.
Continue to pay certain bills. Once you file for Chapter 7 bankruptcy, you won't receive any more collection calls, and you may cease to receive certain bills. Remember that you are still under obligation to pay for your 'secured possessions', such as your home or vehicle, or you may lose them.
Now that you've come to the end of this article, you can see that filing bankruptcy is not so scary, as long as you know what you're doing. Apply what you've learned here, and you'll be in control of your finances once again. Enjoy the fresh start that you deserve.