Filing for Bankruptcy is always traumatic and an individual should never file as an easy way to get out of trouble. Before filing, other repayment options should be examined, like selling assets, including an extra home, boats, jewelry, etc. Bankruptcy filings stay in your credit report for as long as ten years. It could affect your chances of securing a new job, promotion, or even further credit.
When a decision to file for bankruptcy is made, ensure that your home, furniture, and other essentials are protected. All your exempt assets can be kept. Work with an attorney for straightforward cases. Bankruptcy lawyers charge a fixed fee for the entire care. Look for a lawyer who handles many such cases and has a well-managed system for forms and filing. Ask for a referral from a lawyer you trust, or look through the yellow pages. A good lawyer would handle calls and help get favorable debt-return options. Before filing for bankruptcy, the debtor would need to get a credit ""briefing"" from an approved agency. This will summarize the benefits of credit counseling. If this is not done, the bankruptcy case may be dismissed.
The first thing you need to do when you begin the filing procedure is to gather all personal financial information, including secured and unsecured debts, tax returns for the last two years, property, car titles, and other loan papers. Ask for a credit report to help you file some of the details. It is essential to file the pay stubs, called the payment advices, and last filed tax return sixty days before filing the case.
Fill out the bankruptcy forms, referred to as the schedules, describing your current financial position and financial dealings for up to two years. Under the Chapter 13 bankruptcy, a proposed repayment with the petition would have to be given. If you file under Chapter 7 bankruptcy, the charges would be $200, and for Chapter 13 bankruptcy it is $185. The case would be filed at the United States bankruptcy court.
Once the petition is filed, an immediate stay will go into effect. This means that creditors can no longer talk to or call the debtor directly, nor can they claim any property as settlement. A month after this, the trustee will call a meeting with the debtor and creditors - this is called the 341 meeting. Objections, if any, are negotiated and resolved; if there is no resolution and disputes remain, a judge will arbitrate. If there are no objections, the meeting could be over in five to ten minutes.