What To Know Before You Declare Personal Bankruptcy

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.

When you document your financial records, it is vital that you are 100% truthful in order to have a successful resolution to your bankruptcy process. To avoid problems, penalties and future re-filing bans, resist the urge to hide documentation or assets.



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.

If you are planning to file for bankruptcy in the near future, don't charge up your credit cards thinking that you won't have to pay back the debt. In many states, there are rules about how much credit card debt and what kind, may be discharged in a bankruptcy. For instance, if you make purchases for luxury items, such as an expensive new TV, within 6 months prior to filing, you may be obligated to pay that amount back. On the other hand, if you used your credit card to purchase groceries, or other necessities, the rules may be different. Be sure to ask your attorney for advice.

If you are planning to file for bankruptcy in the near future, don't charge up your credit cards thinking that you won't have to pay back the debt. In many states, there are rules about how much credit card debt and what kind, may be discharged in a bankruptcy. For instance, if you make purchases for luxury items, such as an expensive new TV, within 6 months prior to filing, you may be obligated to pay that amount back. On the other hand, if you used your credit card to purchase groceries, or other necessities, the rules may be different. Be sure to ask your attorney for advice.

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.

Be safe and hire an attorney for help. There are visit the next site that claim to walk you through the process of filing bankruptcy on your own. It is cheaper than using an attorney to get you through this time, but it leaves a lot of room for error. This is not something that you want to take chances on.

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.

Know the facts. Contrary to popular belief, you can actually get credit after you file for bankruptcy. In fact, most who file already have very poor credit and filing for bankruptcy will put them on the only possible road to ever establishing good credit again. learn more will not end upon filing.

When you are thinking about filing bankruptcy, always be honest about everything. Do not think that hiding assets or income will help your case for bankruptcy. It could turn out that the court may just dismiss your petition, and you will not be able to file again to have those debts listed.

You can change your Chapter 13 bankruptcy payments in certain situations. While your payment amount will be set up for 3 to 5 years, if there is a change in your situation, you may be able to amend it. A decrease in income, such as, a pay cut, or a sudden increase in expenses, such as, a medical condition, may allow you to amend your monthly payments. You may be able to reduce the payment accordingly, or in some cases, suspend your payment for a certain amount of time.

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.

Ignore the people who put you down for declaring yourself bankrupt. These people cannot possible know the troubles you've experienced. By filing for bankruptcy you, are taking control of financial future. Also, dealing with the mistake of your past. Remember, for every person that looks at you with disgust, there is another person looking at you admiringly.

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.

Before filing for bankruptcy, keep in mind that child support will not be discharged in a bankruptcy case. The reason for this is that child support is a responsibility that a parent must pay. Bankruptcy does not remove that responsibility. Be sure to include any child support in your list of debts that will remain with you after the bankruptcy is discharged.


If you are avoiding personal bankruptcy but fear that you will lose your retirement savings, you should know that is not likely to happen. If you have an ERISA qualified retirement program (most are), then your retirement savings are safe from claims by creditors. This applies to funds in 401ks and to most IRAs. Consult your own bankruptcy attorney for specific details for your circumstances, but you should know the odds are in your favor.

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.

Although filing for bankruptcy is a personal issue with individual circumstances, you are not alone in your troubles. Millions are turning to bankruptcy to alleviate unbearable financial pressure, and open their financial future. Hopefully, this article helped you see through this process and toward a more prosperous and less stressful tomorrow.

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