No matter what’s going on, make sure you tell the truth about your situation. Lying about assets or debt is a bad idea in this situation. And it is illegal. If you lie, there is a chance that you will land in prison.
Watch how debts are paid off prior to filing. The bankruptcy code stipulates that you cannot make certain payments to creditors or family for specified periods of time before filing. Find out more about legal requirements before making your decision.
Be sure you know how Chapter 7 and Chapter 13 differ. If you file for Chapter 7 bankruptcy, all of your debts will be eliminated. Your responsibilities to your creditors will be satisfied. A Chapter 13 filing involves a repayment plan, though. Typically, you will make a partial payment against your debts over the next 60 months before the balance of the debts is lifted. To make the wisest choice, you will need to understand the consequences of each of these two options.
Always document all the debts you want to be eliminated. If you have debts that are not listed on the paperwork, they will not be included in the discharge. Be certain to list all of your debts so that none that could have been discharged will be overlooked.
Your trustee may be able to help you secure an auto loan or get a mortgage even though you have filed Chapter 13. However, it won’t be as easy as it may have been to get one prior to the bankruptcy. Normally, the trustee assigned to your bankruptcy must approve any new loan. You need to show them why and how you can handle paying back the new loan. It will also be necessary to show why a new purchase needs to be made.
Do not assume that all your debts will be automatically dismissed as you file for bankruptcy using chapter 7 bankruptcy. Some secured debts may need to be reaffirmed, which means you have to draft a new agreement for repaying them, and some debts aren’t dischargeable under most circumstances. Child support and alimony, for example, is not affected by Chapter 7.
Just because you have filed for bankruptcy will not necessarily mean you are going to have to give up everything you own. You will be able to keep personal property. Personal property includes items like furniture, electronics, jewelry, and clothing. The laws of your state and the kind of bankruptcy for which you are filing, coupled with your financial situation, will determine what personal property you are allowed to retain. Additionally, the retention of large assets, such as your automobile and your home, is determined by these considerations.
As you now know, bankruptcy is not a decision that should be made lightly. If you know what makes sense for you, you can work with an experienced bankruptcy lawyer and get ready to experience a clean financial slate.