When it comes to personal bankruptcy, be sure that you do not believe that all of your credit card balances will be eliminated. This is important to know because you do not want to find yourself in a worse situation than you are already in. Make sure all of your debts are accounted for.
Laws regarding bankruptcy vary by state, so you need to find a lawyer that can walk you through the entire process and help keep your rights protected. In several cases, you can keep your car and your home, but it’s your attorney that will tell you what rights you have, what you can keep, and what you will need to surrender.
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.
If you are worried about how you are going to be able to pay the lawyer for your personal bankruptcy. You should know that many attornies will let you pay them over time. An attorney can put you on a payment plan, but won’t file your case until he is paid in full. Be sure, and ask about this before hiring your lawyer.
Don’t be embarrassed to admit the fact that you are bankrupt to your family and friends. Most people will be surprisingly sympathetic to your situation. After all, there have been several reports published that state that one third of the population on the USA are just one paycheck away from homelessness.
Do some research. There are two main types of personal bankruptcy – Chapter 7 and Chapter 13. Chapter 7 will eliminate the majority of your debt while Chapter 13 restructures it to give you time to pay it off. Each one has different rules on what assets you are allowed to keep. So, ask a lot of questions before you decide which one is the best fit for your situation.
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.
If you are planning to file for bankruptcy, be certain not to transfer any of your belongings or valuables to another person. This includes taking your name off of joint bank accounts or other financial assets. The court will be looking for anything of value in order to repay creditors, and you will be asked under oath whether you have left anything out. If you do not tell the truth, you may be charged with perjury and could possibly spend time in jail. Remember, honesty is the best policy.
As you know, filing for bankruptcy is a major decision that can have a huge impact on your life. By carefully studying this article, you should now have a much better understanding of America’s bankruptcy laws, and you should be able to decide whether or not filing for personal bankruptcy will benefit you and improve your particular financial situation.
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