Advice For Those Customers Contemplating A Bankruptcy Filing

If you're in financial trouble, and you see no other way out, you may be considering personal bankruptcy. Personal bankruptcy exists so that you can get a fresh start should you ever need one. This article has some great tips and advice on the subject of personal bankruptcy.

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. Read Home of the work will be completed afterward.



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.

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.

If you are about to file for bankruptcy, then make sure you hire a lawyer. There are many different aspects to filing bankruptcy, and you may not understand everything there is to know. A bankruptcy attorney can advise you on how proceed properly.

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.

If you have student loan debt, you'll need to prove that paying your student loans would constitute an undue hardship in order to get it discharged. Gather all of your financial documents and draw up two budgets: one that includes student loan payments and one that does not. That way you can more easily demonstrate that paying your student loans would interfere with your financial recovery.

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.

Do not be afraid to file for bankruptcy. Sometimes people find themselves so overwhelmed with debt that they just decide to do nothing and bury their heads in the sand. This is the worst thing that a person could possibly do. Instead, they should file for bankruptcy because by doing so, they are taking positive affirmative action and giving themselves another chance at managing their finances.

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.

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.

File bankruptcy before time runs out to avoid harsh penalties. If you wait too long to file, you may be forced to pay fees through garnishments taken from your bank accounts, foreclosure or even through wages. Early filing can also help prevent extensive reviews of your bankruptcy filing qualifications that may disqualify you.

Do not hide assets while you are preparing to go through a bankruptcy. It may be tempting to take a home and/or other property and place it in a spouse's name, but if you get caught doing that you will face charges for fraud. The penalties being jail time and/or fines.

Prior to filing for personal bankruptcy, take care to not make withdrawals from your retirement accounts, IRA's, or 401k's. You may think you are doing the right thing to free up money, but often these types of accounts are protected from any bankruptcy proceedings. If you withdrawal the money, you may be opening it up to any bankruptcy action.

When you file bankruptcy, you want to avoid finding yourself in similar dire financial circumstances, so planning for and making a post-bankruptcy budget is a good idea. When you can create such a budget and stick to it after bankruptcy, you are far less likely to find yourself in the same position in the future, ensuring you are more financially free.

Do not view bankruptcy as the end of your financial health. You can rebuilt your credit post-bankruptcy. The important thing is to plan, budget, and avoid racking up debts the way you did in the past. With patience, effort, and determination, you can rebuild both your credit. Your health of your financial accounts, and holdings.

There are two common types of personal bankruptcy. One in which all your assets are liquidated and the other creates a plan to pay off debts within a few years. It is recommended that you meet with an attorney to determine which type of bankruptcy is best for your particular situation.


After exhausting every avenue for resolving your financial debts, bankruptcy may be a necessity. You should not let it ruin your life though if you find yourself facing this decision. This article contains many useful tips you need to know about before you make your decision.

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