Tips in Filing for Bankruptcy in the United States

Liz R
Liz R
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The procedures in filing bankruptcy in the United States somewhat differ depending in your local State. It is advisable to talk to your lawyer about the specific bankruptcy laws in your State. Here are the basic details of bankruptcy that you need to know.





To file or not to file.

Never seek bankruptcy without first considering all your options. Is it really necessary for you to file for bankruptcy? Remember, a record of bankruptcy will stay on your credit report for up to 7 years. Such a derogatory mark can be a major disadvantage in your life. If you are faced with a serious debt situation, perhaps you can take on other alternatives.

Under the new bankruptcy law, an individual is required to complete a credit counseling program six months prior to filing. Here, you'll be working with a government-accredited credit counseling agency that will help you find the best solution to your financial problem. If the credit counseling agency recommends bankruptcy, then that's the only time you can proceed with the filing.

Seek a lawyer.

Filling out your documents require the assistance of a bankruptcy lawyer. You may feel that you can do this on your own but answering the bankruptcy forms may be more complex than you think. Find a trusted and an experienced bankruptcy attorney who can help you with this crucial step. It is very important to give accurate information in all your documents as even a single false detail can cause complications or even a rejection of your application. Make sure that you and your lawyer are in agreement about the service fee as well.

The Income Means Test

 
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Many attorneys offer free or low cost consultations for bankruptcy. They can tell you right away which Chapter you'd likely fall into or whether or not you should file. Many times, they can attempt a work out with creditors on your behalf. Lenders will lend to those who have filed bankruptcy because they are then a somewhat good credit risk since they can't file again for 7 years.

Posted on 07/11/2008 at 7:07:21 AM

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