Many individuals who find themselves in a difficult financial situation with a large amount of debt, may be able to benefit and improve their situation, by filing for personal bankruptcy. This article is loaded with tips on filing for personal bankruptcy and will help you decide whether or not filing for bankruptcy is the right thing for you to do.
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.
Remember that certain kinds of debt won?t be discharged even after you have filed for bankruptcy. If you have outstanding student loans, owe child or spousal support, a divorce settlement agreement, or unpaid taxes, you will still be liable for these debts. Also, if you forget to list certain debts on your court documents, you won?t be able to add them in the future.
If you are going through the bankruptcy process, consider buying some books on the subject. Books on bankruptcy will give you the professional advice and guidance that you need to get through the process successfully. If you live near a library, you could borrow some books on the subject instead.
Look into proper timing. You can keep your tax refund even when filing bankruptcy. You have to time it just right to do so. Wait until after your tax form has been processed, and you have received your tax return. One of the sneakiest things that a trustee does is to take an income tax return that debtors rely on. Waiting can keep that money in your pocket.
Bankruptcy Lawyer
Before you meet with a bankruptcy lawyer, make a complete list of all of your assets. Any assets that are not listed in your bankruptcy case can be seized to pay for your debts. Your lawyer needs to see a list of every asset you own to properly advise you on which type of bankruptcy is best for your unique situation, as well as, to protect as many of your assets, as possible.
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.
Talk to other professionals before talking to a bankruptcy lawyer. Talk to financial advisers and credit counselors to see if bankruptcy is, in fact, your best option. A bankruptcy lawyer has a conflict of interest, so they are less likely to dissuade you from filing for bankruptcy. Finding an impartial, knowledgeable thirty party will give you the complete picture.
Do your research before choosing a bankruptcy lawyer. Take advantage of free consultations, and meet with several different lawyers before picking one to work with. Make sure that you choose an experienced attorney who is knowledgeable about the local laws, the preferences of trustees, and has a good working relationship with local judges.
Filing for personal bankruptcy is a major life decision. Hopefully, armed with the knowledge you have learned from this article, you now know whether or not filing for bankruptcy is the right thing for you to do. Re-read this article several times to learn everything about bankruptcy, and you should be able to improve your financial situation.
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