Filing for personal bankruptcy means that you’ll be protecting yourself from the creditors that you owe money to. Bankruptcy, however, is a radical way to achieve that protection. What bankruptcy does is take away your debt so that you can make a fresh start when it comes to your finances. If you’re considering filing for bankruptcy there are certain things that you’ll need to do so that it’s done correctly.
The very first thing that you should do is get in touch with a lawyer who specializes in bankruptcy. You’ll want to be working with someone who knows exactly what is required and what steps you need to follow for bankruptcy. When you first meet with the lawyer make sure that you take along all of your financial papers, including bills that you owe, a verification of your monthly income, and statements from your bank.
You and the lawyer will need to determine exactly how much money you owe. You’ll be including everything that you owe so don’t leave anything out just because you don’t want your debt load to appear too high. The goal is to make a fresh start, so you don’t want any forgotten debt to get left behind because you’ll still owe it.
The lawyer will explain to you the difference between secured debt and unsecured debt. Secured debt is debt where your creditor will hold some type of secure interest on what you owe until the entire amount has been paid back. If you don’t pay back the amount owed the creditor can take back what you’ve purchased, such as your car. Unsecured debt is debt that isn’t secured with interest and is not tied to property.
There are some debts that you may owe that can’t be cleared by bankruptcy that you’ll have to pay back on your own. This type of debt includes student loans, child support, and any back taxes that you owe. Make sure that the lawyer has all the information needed to make an accurate application for bankruptcy.
Once you’ve determined all your debt you’ll be filing a bankruptcy petition with the local courts in your area.
Your creditors will need to be contacted and notified that you’ve filed for bankruptcy. Once you’ve filed for bankruptcy your creditors will be unable to contact you and won’t be able to collect any of the money that you owe them.
Your debt will be settled by a trustee who is assigned to your bankruptcy case. The trustee will be responsible for paying your debt and being in contact with your creditors. If you have any property it may be sold and used to pay off your debt and, depending on where you live, you may be entitled to some of the profit that is made from the sale of your car, home, or other property. In some cases you’ll be given an allowance to live off for a certain period of time.
Filing for personal bankruptcy is a long and lengthy process that will affect your financial outlook for many years to come. Make sure that you have all the information that you need before you decide to file for bankruptcy.
How To File Personal Bankruptcy
It almost goes without saying that nobody PLANS to file for bankruptcy. The detrimental effects of bankruptcy on your life and for 7 to 10 years on your credit report is not something that anyone would want to do or plan for, given a viable choice. One of the most difficult things about filing for personal bankruptcy, especially in the past several years, is that after coming out of bankruptcy, all of a sudden you find that people, even your friends, start to treat you like you have leprosy or the plague. You even find yourself feeling guilty when you buy something, even a gallon of milk at the grocery store, because there is also a psychological detriment to declaring bankruptcy. You feel as if you have failed -- failed yourself as well as your family.
Things happen and you need to embrace that fact. You didn't PLAN to file bankruptcy, it was just an unfortunate series of events or circumstance. The very first thing you need to do is to get over the psychological effects of it. You are not a bad person, and in fact, in the course of mentally reviewing what led you to that point (which you probably do several times a day anyway, right?), you have actually LEARNED some things along the way, which will allow you to avoid the same pitfalls in the future as you move forward with your life.
After you have declared bankruptcy, you need to understand that life goes on. You will still need to purchase basic necessities of life, you will still need a place to live, you will still need a car, etc. But one of the things you will undoubtedly find, and find quickly, is that obtaining credit for something like a mortgage or even a used car is going to be very difficult. To qualify for a loan after bankruptcy, you are going to have to be able to meet the lender's minimum criteria for your credit score, and bankruptcy puts a serious dent in your credit score rating number. The lower your credit score, the greater the chance that the lender will deny your loan request, or in best case, will approve your loan but at an interest rate that would make Bill Gates' eyes roll.
After you have obtained your loan and/or new credit cards, make more than the minimum payment and make sure you make that payment so that it gets posted to your account BEFORE the due date. For example, if your minimum payment is $25, make the payment for $30, or even more if you can afford it. If your payment is due on the 10th of the month, make sure you mail it no later than the 3rd of the month to make sure it reaches them on time AND gets posted to your account before the due date. Many banks offer free online checking and free online bill paying, which is a great way to go to get those bills paid on time. It's all done electronically, and besides saving yourself the cost of a stamp, you have also saved yourself the hassle of the possibility of delayed postal mail and the delay of the MANUAL process for the lender to post the payment to your account.
The bottom line is to make sure you have LEARNED something from the necessity of filing for bankruptcy. Understand what went wrong and be sure to watch for those pitfalls to make sure that you do not need to repeat that bankruptcy step.
Both Ben Fallison & Jon A are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.
Ben Fallison has sinced written about articles on various topics from Personal Bankruptcy. Ben Fallison is a bankruptcy counselor and owner ofBankruptcy At,a top Internet directory for bankruptcy information.Get more great bankruptcy tips and tricks at. Ben Fallison's top article generates over 720 views. to your Favourites.
Jon A has sinced written about articles on various topics from Home, Sports Car and Acid Reflux. Jon is a computer engineer who maintains web sites on a variety of topics based on his knowledge and experience. You can read more about Bankruptcy Advice at his web site at. Jon A's top article generates over 40500 views. to your Favourites.
Center For Addiction Recovery And it is achievable. The more we understand the complex physiological processes taking place that reinforce addiction, the more we can invest in better self care, and heal. Our lives depend on it