The economic downturn of recent years has made personal bankruptcy a virtual necessity for millions. By gaining a comprehensive understanding of what personal bankruptcy entails, it is possible to make an educated decision about whether it is the right decision under any given set of circumstances. Study the tips and guidance in this piece, and you will be able to make the best choices for your financial future.
Many people do not know that student loans are not dischargeable debt under bankruptcy laws. Do not go into your bankruptcy thinking that your student loans will be discharged, because only in cases of extreme hardship are they considered. If the job you received from pursuing your degree will never allow you to pay off your debt, you may have a chance, but it is highly unlikely.
A useful tip for those thinking about filing for personal bankruptcy is, to keep in mind that any damage to your credit history caused by the filing is temporary. While there is no doubt that your score will take a noticeable hit, following your bankruptcy discharge, by using the process to start fresh. You have the ability to put yourself on a stronger financial footing going forward. This will allow you to rebuild your credit score faster than you may expect.
Remember you still have to pay taxes on your debts. A lot of people don't realize that even if their debts are discharged in the bankruptcy, they are still responsible to the IRS. The IRS usually does not allow complete forgiveness, although payment plans are common. Make sure to find out what is covered and what is not.
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.
Be fully educated about the rules of bankruptcy. If the courts were to find that you have disregarded any of the rules in place, your petition could be dismissed. Laws prohibit picking and choosing some debts to pay off prior to filing for bankruptcy. Family members cannot be paid off within one year of filing and creditors are limited to ninety days.
You do not need to be bankrupt to file for personal bankruptcy. In 1898 the term was changed from "bankrupt" to "debtor" so that people could more readily understand that an inability to pay bills is the main qualifying factor in filing for personal bankruptcy. Most people who file are not, in fact, completely bankrupt.
Knowing that you are required to disclose anything that you have sold, given away or transferred in the two years prior to filing can help you avoid a costly mistake. Full disclosure is required. Not disclosing everything can land you in jail or a discharge of your personal bankruptcy petition.
Before filing bankruptcy consider every available avenue. Many times a consolidation loan will ease your financial struggles. It can be quite stressful to undergo the lengthy process of filing for personal bankruptcy. You should be aware that there are some negative ramifications to it, like extreme damage to your credit score. Therefore, you must make sure that there is no other option that you could take before you file for bankruptcy.
Protect your wages to live on. Bankruptcy is an important way to do just that. If you owe enough money that creditors are threatening to file lawsuits against you, it's time to seek legal counsel. If a creditor sues you, they can obtain their money by garnishing your wages, taking a large chunk of change from your paychecks. This can put you in even more debt and make your situation worse. Filing bankruptcy will put a stop to any lawsuits and protect the money you need to survive. If the situation becomes dire, you can also ask for an emergency filing, so you don't have to wait a couple of weeks for the attorney to compile all the information he or she needs.
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.
Personal bankruptcy filings have grown increasingly common in the aftermath of the financial crisis experienced over the past few years. Gaining greater knowledge about the bankruptcy process, what it can and cannot do, and the best ways to ensure successful discharge of debts, is critical for anyone facing serious financial difficulty. Keep the tips in this article close at hand, and you can soon seize back control of your financial destiny and get the fresh start you need.
Orignal From: Solid Advice When Dealing With Bankruptcy Problems
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