When Is The Time Right for Filing Bankruptcy?


When enduring financial hardship one might wonder when bankruptcy filings might be right for them. The Federal Trade Commission states that bankruptcy is a last resort. The Department of Justice requires that one undergo credit counseling before they are allowed to file. And according to the U.S. Bankruptcy Code there are two ways to file personal bankruptcy, Chapter 7 and Chapter 13. A qualified attorney can help a client determine which is more suitable. Many attorneys offer a free or low cost initial consultation. Just be sure to investigate the private attorney you choose. Look them up on line, view there reviews you can even ask your friends. Local attorneys are the best so you do not have a problem meeting with then to as any questions you may run into.

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When the last resort arrives one should file if these measures have been explored or attempted and you are still sinking.

•Always make sure to pay the most important bills first like rent, mortgage, and car payments. Credit card bill collectors may be very aggressive, but put them off before being evicted or foreclosed. And one can't work if their car is reposed. Most attorneys do not want to be bothered with small questions. Just be sure you find one you are compatible with. Can speak freely about your problems and get advise you need.

•Scrutinize the budget with a credit counselor

•Don't be sucked in by newspaper and radio ads claiming they will eliminate your debt warns the FTC. One of the many warning signs of a scam is that the company requires up front fees. Another caution is sometimes nonprofits build into their fine print voluntary donations which amounts to the same as an up front fee, so read the small print carefully. Look over the FTC website for other come ons.

•Negotiate with creditors. Some organizations will consider lesser amounts on balances. Others like the northeastern utility NStar have forgiveness programs under certain conditions, or revised payment plans.

•Carefully consider future credit standings. A bankruptcy will stay on ones record for ten years and bad credit will only stay for seven. However in many cases people who file already have irreparably damaged their credit, but if there is a chance for salvation take the seven years.

•Finally consult with a bankruptcy attorney. They may have working relationships with creditors. They can also determine if there are no other options.

A qualified lawyer will help one decide which Chapter is right for each client after considering ones present equity and financial position.


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