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Things To Look For When You Think It Is Time To File For Personal Bankruptcy

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Posted on: 08/19/22


Financial difficulties, such as, high credit card debts, a job loss, illness or other expenses can put a family into a deep financial hole that they cannot climb out of. Personal bankruptcy, while not always the best solution, does offer a way out for some people. Continue reading for some tips on personal bankruptcy and whether it makes sense 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 are planning to file for bankruptcy in the near future, dont charge up your credit cards thinking that you wont 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 have student loan debt, youll 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.

Find out what the homestead exemption limit is in your state before filing for Chapter 7 bankruptcy. If you have too much equity in your home to qualify for the exemption, you could lose your house in the bankruptcy. You cant change your mind once youve begun the process, so make sure you will be able to keep your home before you file.

Exercise

A useful tip for those thinking about using personal bankruptcy as a way out of their financial difficulties is to exercise great care when choosing an attorney. By selecting a practitioner who specializes in bankruptcy and who has handled a large number of such cases, it is possible to ensure the very best outcome and the greatest likelihood of forging a positive financial future.

Exercise extreme caution with your credit cards, if you are headed into bankruptcy. The regulations governing bankruptcy can prevent you from discharging credit card debt in many situations. Cash advances and non-essential charges are particularly vulnerable. Your creditors can and will challenge these items and prevent you from getting rid of that portion of your debt.

After filing for personal bankruptcy, be very careful about the debt you take on. Most likely, you will continue to be offered credit or loans after your bankruptcy, but these high risk offers can be dangerous. They are designed for those with less than stellar credit ratings. Usually these loans and credit card offers come with high interest rates. They could place you back on the place where you started. That is why it is important to make use of good financial discipline.

As you can probably see, personal bankruptcy is an involved process that requires you to disclose a large amount of personal information. There are many alternatives to filing for bankruptcy. A clear assessment of your financial situation can help you make the best decision regarding personal bankruptcy and whether it is the right choice for you.

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