Bankruptcy: Is It Right For You?

Many people disapprove of bankruptcy until their personal situation changes. Situations like a job loss or a divorce can bring you to a situation where the only solution is bankruptcy. Read this article to learn more about bankruptcy and find out if filing is the best option for you.

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.



If you can, keep some of your debt out of your bankruptcy. Work on paying down this debt yourself, or especially if you can negotiate a lower rate or new payment terms. This will help to preserve your credit rating, to some extent, because bankruptcy itself will do a number on your score.

Know what debts can be forgiven. You may hear that you have to pay a certain debt, and that it cannot be discharged, but that information will usually be coming from a bill collector. Student loans and child support and a few other debts cannot be discharged, but most others can.

If you have filed for Chapter 13 bankruptcy, but realize that you are unable to meet your payment obligations, you may be able to convert to a Chapter 7 bankruptcy instead. To qualify for the conversion, you must never have converted your bankruptcy before and also undergo a financial evaluation. The laws surrounding this process are always changing, so be sure to talk with an attorney who can help you navigate this process.

Include all financial information when filing for bankruptcy. Things that may not seem significant to you may be very important. Include all assets like: vehicles, every cent of income, retirement account, stocks and anything else that has value. Furthermore, include any lawsuits that are pending against you or other parties.

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.

Do not jump the gun, and file for bankruptcy too early. Filing at the wrong time could leave you with more debt than you had before. It also means that you will not be able to file against those debts. All debt must be listed on your initial application for it to be included.

If you are facing foreclosure, you may want to make the choice to walk away from your home. This could help you to live in your home for up to a year, maybe longer, without paying anything for it. You can then save the money that you were trying to squeeze out for your mortgage payment and use it on a new home.

Never use a paralegal to guide you through the bankruptcy process. While some paralegals may have the necessary knowledge to provide all the answers you need, they cannot give legal advice legally. Because of this, you are not guaranteed in any way to receive accurate information or advice. An attorney, on the other hand, has a legal and ethical obligation to provide you with accurate information and sound advice.

There are circumstances where you are able to keep your car during a bankruptcy so be sure to ask your lawyer about possibly reducing the payments. A lot of the time you can lower payments by filing for Chapter 7 bankruptcy. The car loan must have been initiated prior to 910 days before your petition. It must carry a loan with high interest. You should also have a steady history of work.

Filing bankruptcy under Chapter 13 means you can still get a loan for a car or a mortgage. It is much harder. Your trustee must approve any new loans such as this. Discover More will need to come up with a budget and show that this new loan payment schedule is doable. Also, be sure you have a clear explanation as to why the item you are purchasing is absolutely necessary.

Research as much as you can about bankruptcy to increase your chances for successful filing. If you know the laws and regulations, you can avoid courts dismissing your case or attaching penalties. Use the internet and ask consultants for as much advice as possible. You can also use your local library to gain information.

As you prepare to file bankruptcy, you must prepare a list of all your assets. This includes any financial resources, such as financial accounts, titles to real estate holdings or vehicles, and anything you own that exceeds $500 in value. Having this information handy and accurately documents makes the whole process of bankruptcy go much smoother.

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.

Some lawyers have a phone service creditors can call instead of you. If https://www.streetinsider.com/SEC+Filings/Form+8-K+Business+First+Bancshare+For%3A+Jun+01/14266351.html receive a call from a debt collector, simply provide them with this phone number and any relevant information to prove that your bankruptcy has cleared your debt. Just be sure that they are a legitimate business to safe guard your personal information. You should receive no more calls from them.

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.


Many people experience financial crises in their lives, sometimes due to things outside of their control. Personal bankruptcy is a legal tool to help deal with these types of situations, allowing people to get out from under a bad financial situation. Investigate your options with personal bankruptcy and see if it is the answer you have been looking for.

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