Personal Bankruptcy: Is It Right For You?

The sheer volume of information available on the topic of personal bankruptcy can leave those contemplating filing a petition, feeling overwhelmed and without hope. However, by taking some time to separate relevant facts from unnecessary discussion, it is possible to gain a comprehensive understanding of how bankruptcy protection can help you. By using the tips and ideas in this article, you will have what it takes to proceed confidently toward a fresh financial start.

Get a plan in place for after your bankruptcy is over. Your debt will be forgiven, but you have to find a way to make sure that your financial picture will recover. Set definite goals so that you are always working toward a financial future that will never get you in this position again.



As tempting as it may be, do not run up credit cards right before filing for bankruptcy. Many times, people purchase expensive items, like jewelry, appliances and furniture right before they know they are going to file for bankruptcy. Most of the time, they are still going to be responsible for paying back this debt.

When you file for bankruptcy you limit your options for many future loan options. Many banks do not forgive bankruptcy and it shows on your credit report for 10 years. Think twice before making the decision to file for bankruptcy. You might want to defer your bills for a couple of months, instead of hurting your credit for 10 years.

An important tip regarding personal bankruptcy is, gaining an understanding of what sorts of debts can, and cannot be included in a discharge. By realizing that some obligations are not considered dischargeable under the bankruptcy code, it is possible to make a wiser, more informed choice when it comes to making the decision to file a petition.

A good personal bankruptcy tip is to be absolutely sure that you've gone through all of your options before you decide to file for bankruptcy. If the amount you owe is relatively small, you can always try to negotiate it by working through a credit counselor and making small payments.

If you have a credit card with your local credit union, it may be one that does not have to be given up due to bankruptcy. Check with your credit union to find out if the line of credit will continue after the bankruptcy is final. You still must be sure to include it on your application with your other debts.

Locate an online support forum for those who have filed for bankruptcy. This way, you can ask other people questions and find out things that you may not know. There are a lot of forums on the internet, but there are also, some offline groups you can join, if you prefer being offline. Because these people know what you're going through, they can make you feel better about the situation.

If you are going through a divorce and your ex-spouse files for bankruptcy, there are debts that cannot be discharged. Child support, alimony, many property settlement obligations, restitution, and student loans, are all not allowed to be discharged in a bankruptcy from divorce. In very rare cases, some property settlement agreements are allowed to be discharged. http://articles.chicagotribune.com/2013-10-25/news/ct-met-child-support-deadbeats-20131025_1_child-support-enforcement-division-custodial-parents-court-orders with an attorney to find out which ones can.

If https://www.newyorker.com/business/currency/the-sorry-legacy-of-the-for-profit-college-boom are filing for bankruptcy and have outstanding payday loans, be sure to get the advice of your attorney regarding them. Many payday loan forms contain a disclaimer stating that they are exempt from future bankruptcies that may be filed by you. However, these are not supported by law. The truth is, your payday loans are fully discharged through bankruptcy just like any other unpaid bill.

Be selective. You may have learned that you must continue to pay for auto and home loans, and to stop paying your credit card bills immediately. That money could be put to much better use somewhere else. Continuing payments on these accounts is wasted money. Apply it to the lines of credit that you plan to keep.

Consider hiring an attorney to help you. The laws surrounding personal bankruptcy can be complex at best and confusing and convoluted at worst. If you feel unsure of how to go about moving forward, consulting with an attorney may be the best move you can make. An attorney can be the guiding hand you need to make the process as smooth as possible.

Make certain that you are fully aware of each and every bankruptcy law prior to even considering filing. There are often laws prohibiting the transfer of money from the filer for a certain period preceding the bankruptcy filing. Moreover, a filer is prohibited from spending or incurring extra debt prior to their bankruptcy filing.

Prior to filing for personal bankruptcy, take care to not make withdrawals from your retirement accounts, IRA's, or 401k's. You may think you are doing the right thing to free up money, but often these types of accounts are protected from any bankruptcy proceedings. If you withdrawal the money, you may be opening it up to any bankruptcy action.

Don't make the mistake of hesitating to file for bankruptcy because you think you won't be able to file again and may need to save it for a worse financial situation. The laws vary from state to state, but you may file again after a certain period, usually two to eight years, depending on the type of bankruptcy filed. Of course, you won't want to file again, but in case of job loss or a major illness, the opportunity is there if you need it.


Do not view bankruptcy as the end of your financial health. You can rebuilt your credit post-bankruptcy. The important thing is to plan, budget, and avoid racking up debts the way you did in the past. With patience, effort, and determination, you can rebuild both your credit. Your health of your financial accounts, and holdings.

You will most likely need to consult with a lawyer who specializes in the field of bankruptcy prior to filing. Be diligent in your research before you hire someone to represent you. Check all public records available on your attorney and make sure he or she is properly licensed and has excellent references. You should visit with several lawyers and examine what payment structures they offer based on what type of results. You should not hire anyone who makes you feel uncomfortable with them.

As mentioned earlier, there is always the opportunity to file for personal bankruptcy. However, it should not be anyone's first choice because it does not reflect well on credit. Learn all that you can about bankruptcy before you file. That way, you will be prepared to make the best decision for a happy financial future.

Leave a Reply

Your email address will not be published. Required fields are marked *