Sometimes, life deals you a bad hand. One thing leads to another and you wind up having to declare bankruptcy, in order to protect yourself and your family. Even if you have lost this round, bankruptcy proceedings can give you a chance to stack the deck in your favor for your next round.
Many people do not know that student loans are not dischargeable debt under bankruptcy laws. Do not go into your bankruptcy thinking that your student loans will be discharged, because only in cases of extreme hardship are they considered. If the job you received from pursuing your degree will never allow you to pay off your debt, you may have a chance, but it is highly unlikely.
See what you can find out. Each state does have varying laws on the subject of bankruptcy. Because of this, it is important that you meet with a specialized lawyer to discuss whether bankruptcy is right for you. Generally, initial consultations are free to you so you are able to determine which path you should head down at no cost.
A critical tip in filing personal bankruptcy is to steer clear of making payments to creditors, in advance of filing a petition, in an attempt to satisfy individual debts in full outside of bankruptcy court. Payments to family members and creditors made within defined periods of time prior to a bankruptcy filing can be voided and can jeopardize the chances of receiving a discharge of all debts in the case.
Speak to a bankruptcy attorney about what new laws may be going into effect before your bankruptcy filing. Bankruptcy law evolves constantly, and it’s important to stay up-to-date to ensure that you file properly. To find out about these changes, you can look at your state’s legislation website or contact their office.
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.
If you choose to file Chapter 13 bankruptcy, be sure that the amount of your monthly payments is within your reach. If you set a payment that is more than you can afford, you may face a court order of liquidation of all of your assets. You will lose everything by falling behind on payments.
Meet with many different attorneys before making any decision on one. To do this, you must start looking well in advance of when you need to file. If you wait until the last minute, you will not have the time to find an attorney that will give you good advice, and one that is easy to work with.
Bankruptcy usually signifies a losing conclusion to a chapter in your life, but it is also a turning point and a reset button. If you apply the ideas and advice given in this article and keep your cool throughout the process, you might just find yourself in really good circumstances on the other side.