Tips For Chapter 13 And Chapter 7 Personal Bankruptcy And Residential Or Commercial Property

Filing for personal bankruptcy is an important step, which should be thought through carefully. Use this article's advice to learn what you are in for and how to make proper choices. Learn everything you can prior to doing anything.

If you are being faced with home foreclosure, wage garnishments or other situations that make it necessary to file for bankruptcy quickly, you may want to explore an emergency filing. Regular bankruptcy filings entail approximately 50 pages of paperwork and one to two weeks for an attorney to pull everything together. In an emergency filing, your attorney can file just the first 2 necessary pages and keep creditors from continuing foreclosure or garnishment proceedings. The rest of the work will be completed afterward.

You should look into and understand which debts are eligible to be written-off under bankruptcy. There are certain loans, such as student loans, that do not qualify. By understanding which debts you can write-off, you can make a better decision when trying to figure out if bankruptcy is the right choice for you.

Since filing for bankruptcy is quite a complicated process, it is recommended that you find yourself a lawyer that specializes in bankruptcy. There is usually some sort of a fee associated with hiring one though. However, if you can not afford one, you should still look into one since there are organizations that could help you out with the cost of one.



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.

Find out see here now as you can about the individual laws in your state. There is a lot of information about there, but every state has its particular laws that people are subject to. You may have a lawyer, but it is important that you know about this as well so you can make better decisions.

Filing for bankruptcy does not wipe out all of your debts. It does not stop you from having to pay alimony, child support, student loans, tax debt and most types of secured credit. You will not be allowed to file if these are the only types of debt that you have on record.

Check all of your paperwork before filing, even if you used an attorney. While attorneys can be irreplaceable guides when it comes to personal bankruptcy, they often deal with multiple cases simultaneously. It's in your best interest, as its your financial future, to check all paperwork before it gets submitted.

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.


Keep in mind that, currently, student loans cannot be discharged when filing for bankruptcy. There is a process by which student loans could be considered dischargeable, but it is costly, difficult, and rarely successful. However, student loans in bankruptcy have been a topic discussed by Congress in recent years, so keep up with new bankruptcy laws to find out if any changes have been made.

Pay your child support. No matter what state you live in, child support is not dischargeable in a bankruptcy. The welfare of children is always going to be of primary importance in any legal system and will never be discharged in a bankruptcy. Although child support is not allowed to be discharged, by filing bankruptcy, you should have additional cash available from debts that were eliminated to then make your child support payments.

Be aware that there are two kinds of bankruptcy. There is Chapter 7, and Chapter 13. Chapter 7 can keep the filer from paying debts entirely. This option is generally for those that have debts so high or income that is so low that, they cannot afford a payment plan. Chapter 13 lets the filer get a payment plan so that they can repay all, or parts of their debt between three and five years.

If your paycheck is larger than your debts, avoid filing for bankruptcy. It can seem like bankruptcy can be an easy way to avoid paying back your debts, however it leaves a serious mark in your credit report that can last between seven and ten years.

Be aware that bankruptcy does not actually cover all types of debt. Debts that you owe to the government (both federal and local) will still need to be repaid. Some people try to dodge this by financing their tax bills through credit cards or loans. This does not work; you will not be able to discharge those debts via bankruptcy.

Before you make the decision to file for personal bankruptcy, you should evaluate your finances thoroughly. If there are any places that you can save money to put towards your debts, you should consider doing so. Filing for bankruptcy will cause harm to your credit for many years to come.

Never rely upon bill collectors to share accurate information about your debt and bankruptcy. Some unethical collectors tell consumers that their debts are exempt from bankruptcy rules, but this is actually only true for a few special kinds of debt. If a collection agency provides you with inaccurate information like this, report them to the Attorney General's Office in your state.

Don't let bill collectors mislead you. When you discuss bankruptcy with some bill collectors, they may tell you that bankruptcy will not affect them, and you will still have to pay them. They are not being honest, all of your bills can be covered depending on the bankruptcy option that you fiel.

If Get the facts are hiring a lawyer, don't be afraid to speak up. Don't assume your lawyer knows everything. If you have concerns, voice them. If there are things you feel your lawyer is overlooking, remind them. Don't be shy about it. Repeat any crucial information that might have been glossed over.

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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