There are quite a number of people who have been affected by the economy, and now find themselves buried in debt. Debt continues to mount while collection phone calls continue to rise. If this sounds like you and your situation, filing for bankruptcy may be a good idea for you. Keep reading to see if this is a viable solution for you.
Never shirk on the truth in your petition for bankruptcy. Resisting the temptation to hide income or valuable assets from the bankruptcy trustee is a smart way to avoid potential complications, penalties, and the possibility of being barred from re-filing in the future.
You are going to get found out and get in trouble if you don’t disclose all your assets, so be totally honest from the beginning. Whoever provides your legal consultation must be privy to all of your financial information. Divulge all of your information so that you and your lawyer can devise the best strategy for dealing with your situation.
Chapter 7
Understand the differences between Chapter 7 and Chapter 13 bankruptcy. Chapter 7 bankruptcy is intended to wipe out all outstanding debts. With very few exceptions, the connections between you and your creditors will be severed. If however you enter Chapter 13, you will go into a five year repayment program prior to your debts dissolving entirely. You need to be aware of the pros and cons of each type of bankruptcy so you can correctly select the best choice for your situation.
Protect your home. Filing for bankruptcy will not always result in losing 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. There are also homestead exemptions which, depending on your other finances, may allow to remain in your home.
Understand the differences between a Chapter 7 bankruptcy and a Chapter 13 bankruptcy. Read up on the topic and familiarize yourself with the benefits and drawbacks of both variations. If the information you read is unclear to you, take the time to go over the specifics with your lawyer before making a decision on which type you will want to file.
Debt Repayment
It is important to look at your financial situation from all possible angles before you decide to file for bankruptcy. Talk to a bankruptcy lawyer to see if a debt repayment plan or reduction in interest rates is a viable option for you instead of bankruptcy. If a foreclosure is on your horizon, look into loan modification plans. Your creditors will be willing to work with you to allow you to pay off your debts. They may be able to take late fees off of your account, cut down your interest, or even extend the loan’s repayment period. After all is said and done, your creditors will still want their money. For this reason, you may wish to investigate debt repayment programs in lieu of bankruptcy programs.
If your vehicle is in question, perhaps your attorney can assist in lowering your payments. Lower payments can sometimes be structured into a Chapter 7 solution. It is necessary for you to have bought your car prior to the 910 days preceding your filing, your loan must carry a high rate of interest and you must be employed in order to get such a modification, however.
It is still possible to get a mortgage or car loan, even if you are filing for Chapter 13 bankruptcy. There are extra hoops to jump through. Your bankruptcy custodian will need to approve the loan. Present a planned budget that shows how you can take on the loan payment and stay current. You will need to be able to explain why the purchase is necessary.
Now you know that there’s so much assistance out there when it comes to filing for bankruptcy. If you approach it from just the right way and with a crystal clear, aware mind, you will experience the relief you wanted and will help you to get up again.
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