Bankruptcy: Is It The Right Option?

Anyone who has experienced personal bankruptcy can tell you that it’s a very serious matter. Having to worry about debt and trying to pay your bills can take a toll on a person or their family. If you would like to avoid personal bankruptcy, or stop it once and for all, then read this article for advice.

 

Remember to understand the differences between Chapter 7 bankruptcy and Chapter 13 bankruptcy. Should you choose Chapter 7, your total debt load will be erased. You will be removed from any contracts you have with your creditors. If you file for Chapter 13 bankruptcy, however, you will enter into a 60 month repayment plan before your debts are completely dissolved. It’s crucial that you know the differences between all of the various kinds of bankruptcies so that you may choose the best option for your situation. So be sure to hire a bankruptcy attorney in St. Louis, MO who understands and knows the subtle nuiances between these types of bankruptcies.

 

Talk to other professionals before talking to a bankruptcy lawyer. Talk to financial advisers and credit counselors to see if bankruptcy is, in fact, your best option. A bankruptcy lawyer has a conflict of interest, so they are less likely to dissuade you from filing for bankruptcy. Finding an impartial, knowledgeable thirty party will give you the complete picture.

 

Make sure that you have all of your essential financial information and documentation in hand before you file for bankruptcy. Your bankruptcy attorney will need access to your financial information and other important documents, in order to complete your petition. This information will include: a detailed list of your monthly expenses, information about any real estate that you own, bank statements and any documentations pertaining to the ownership of a house or automobile.

 

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 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 can’t change your mind once you’ve begun the process, so make sure you will be able to keep your home before you file.

 

Consider filing Chapter 13 rather than Chapter 7, if you are facing foreclosure. A Chapter 13 bankruptcy allows you to create a restructured payment plan which includes your mortgage arrears. This will allow you to get your mortgage payments current, so that you won’t lose your home. Chapter 13 doesn’t require you to turn over property, so you don’t have to worry about the homestead exemption, either.

 

If you are planning on filing for chapter 11 bankruptcy, it is important that you hire a lawyer. Working with a lawyer is necessary, because filing for chapter 11 bankruptcy is much, much, more complex than filing for other bankruptcies. A lawyer will make sure that your rights are protected. He can guide you through the bankruptcy process, providing valuable advice.

 

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.

 

One you realize you are in financial trouble and have decided to file for personal bankruptcy you should move quickly. Waiting to the last minute to file bankruptcy can cause a number of issues. You may face negative repercussions such as wage or bank account garnishment or foreclosure on your home. You can also not leave time enough for a thorough review of your financial situation, which will limit your available options.

 

In conclusion, personal bankruptcy is an issue that scares a lot of people. No one likes debt looming over them and having to think about whether they will be able to continue their lifestyle. Aided with the advice from this article, personal bankruptcy can be avoided or defeated, creating peace of mind.