What Happens When You File for Bankruptcy?
What Happens When You File for Bankruptcy?
Being bankrupt is never easy. It is a very stressful situation that you must deal with. In addition to the tough situation that you find yourself in, you also have to handle all the collection calls at home. In times like this, you should never be afraid to ask for help. A personal bankruptcy lawyer can help you with legal advice so that you can make the most out of this case.But what actually happens when you file for bankruptcy? Let’s find out.Things to Know Before Filing for BankruptcyTry and leave bankruptcy as your last resort when you are struggling with bills since there are plenty of other alternatives beforehand. For example, you can try contacting your creditors for a negotiation. Most of them will agree to get reduced payments over a longer period.In case you are struggling with a home mortgage, contact your loan services. There should be various options available for you, such as forbearance or loan modification. Also, if you are struggling with taxes, the IRS will usually agree to offer a payment plan or accept an offer in compromise.How to File for Bankruptcy?If all else fails, here is how you can file for bankruptcy. The first thing you need to do is to consult an attorney. While filing without an attorney is also possible, it is not really recommended, according to the Administrative Office of U.S. Courts.Before filing, you will be approached by a credit counselor that will evaluate your personal financial situation and help you create a budget plan, after showing you the alternatives to bankruptcy. This counselor should be part of an organization approved by the Department of Justice U.S Trustee Program. If you cannot afford to pay, the counseling session can be free. However, if you can afford it, it costs about $50. The counselor should advise what is the best type of bankruptcy for you.Types of BankruptcyWhile it’s true that there are many types of business bankruptcy, when it comes to personal bankruptcy, the most common ones are Chapter 7 and Chapter 13.Chapter 7 bankruptcy liquidates your assets in order to pay your creditors. What this means is that your home equity will go to your creditors. Even though your house will be sold, you get to keep your personal belongings, such as automobiles, personal items, tools, or clothing. Home equity refers to your property, but not your main residence, boats, a second car, collectibles, or other valuable items, as well as bank accounts and/or investment accounts.Chapter 13, on the other hand, lets you keep all your assets, but the collector will need to get their money back over the next three to five years. What Happens to Your Credit in Case of Bankruptcy?When you are declaring bankruptcy, you let everyone know that you can no longer afford to pay your debts and it can seriously damage your credit history. That being said, the chapter 7 bankruptcy stays on your report for up to ten years. Chapter 13 bankruptcy is not well seen but is favored because you are paying part of your debts and it stays on your report for up to seven years.
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About Tiberiu Iavorenciuc
Tiberiu is the owner of EasyLinkStudio. He loves fishing, traveling and to be surrounded by numerous people. He's a happy and energetic person that always loves what he does.