Tuesday 29 January 2013

Bankruptcy: Is It The Right Option?

Personal bankruptcy can be a difficult situation for debtors, as they may be facing repossession. Filing a claim for bankruptcy is not the end of the world. It is possible to spring back. Read this article for more tips on how to handle this situation.

Keep in mind that you are not the first person that has ever had to file for bankruptcy, and you certainly won't be the last. Many people feel like they are alone in their struggle when going through the bankruptcy process. So, it can be helpful to keep the previous fact in mind.

Do your homework. Filing for personal bankruptcy is a big decision. Do not file without first understanding all of the benefits, as well as risks, that are associated with filing for bankruptcy. Bankruptcy will not eliminate all debts. Understand that debts related to child support, alimony, student loans and taxes cannot be discharged by filing for bankruptcy.

Before deciding to file for personal bankruptcy, you should take the time to perform a thorough budget analysis. Analyzing your budget will let you know if you will be able to pay off your debts once your bankruptcy proceedings are complete. There is no point in filing for bankruptcy if, afterwards, you will still find yourself unable to resolve your debt problem.

Before meeting with an attorney about your personal bankruptcy, get your paperwork in order and have it available. The attorney will need to see all of this documentation to help you move forward. Don't be selective in what you bring! Every document you have that shows finances, assets, debts and credit will need to be considered.

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 to go through a personal bankruptcy, it is important to keep a positive attitude. Financial problems can easily lead to depression, which, if left unchecked, can lead to worse monetary problems. Focus on the good things that will occur after your bankruptcy instead of the negative aspect of going through it.

Do not feel embarrassed or guilty about filling for bankruptcy. Many people fear that they will be treated as second class citizens after they declare themselves bankrupt. However, this is not the case. The option to 'declare yourself bankrupt' was developed by the government to enable assistance to be given to people who find themselves overwhelmed with debt and in need of a fresh start. Last year, over 1.4 million people filed bankruptcy and the majority of them are now living a happy, debt-free life. So, there is no need for you to be afraid of bankruptcy stigma.

Decide whether you want to file for Chapter 7, or Chapter 13 bankruptcy. As an individual, you may do either one. Find out as much as you can about each type of bankruptcy, so you are able to make a choice that you can live with in the future.

Make sure to provide every last detail about your financial situation when filing. jEven that information that seems insignificant. This includes all income, debts and assets. Even if it is a very small amount, or something that is never used. Include any pending litigation against you as well, as this can result in financial obligations in the future. It is important to give an accurate representation of your financial situation. This is only done by providing this information.

Consider filing Chapter 13 rather than Chapter 7, if you are facing foreclosure. A Chapter 13 bankruptcy allows you to create a restructured payment plan which includes your mortgage arrears. This will allow you to get your mortgage payments current, so that you won't lose your home. Chapter 13 doesn't require you to turn over property, so you don't have to worry about the homestead exemption, either.

If you need to file a claim for bankruptcy, speak with an expert. There are bankruptcy attorneys that are very familiar with the particular laws associated with this process. Remember the tips in this article and you can make the best of your financial situation, even if you must file.

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