Tips For First Time Filing Bankruptcy
Whether you are considering filing for bankruptcy for the first time, or you are a seasoned filer, there are a few things to keep in mind. These tips will help you determine if filing bankruptcy is right for you. Contact a bankruptcy attorney in georgia for more information specific to your case.
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Chapter 7
Whether you’re considering Chapter 7 bankruptcy for the first time or you’re simply in a bad financial situation, it’s important to know what you’re getting yourself into. Understanding how bankruptcy works can help you get out of debt and start over.
First, you need to determine whether you’re eligible for Chapter 7. This is often the case if you’re a married couple or have a business. You must also pass a means test, which determines whether you can afford to repay your debts.
Once you know if you’re eligible, you’ll want to fill out forms detailing your income and expenses. The forms will also ask about the assets you own. You’ll also need to pay fees. If you’re a low-income debtor, the bankruptcy court may waive these fees.
After you’ve filled out the forms, you’ll be given a notice from the bankruptcy clerk. This notice will give your creditors notice that you’re filing for bankruptcy. This notice will also allow creditors 90 days to file a suit.
Chapter 13
Those considering filing for Chapter 13 bankruptcy should talk with an attorney. They should also take advantage of free debt counseling to help them make their financial decisions. These agencies are often nonprofits and are qualified to help you with your financial situation. They will also offer you a debt management plan to help you get on track.
The first step in filing for bankruptcy is to determine if you are eligible. If you are, you will be required to fill out Form 122C-1, which compares your household income to the state’s median income. The form also asks you to determine your household’s average monthly income.
The bankruptcy code requires you to have a steady income to be able to make the payments required by the plan. If you cannot pay these payments, your case will be dismissed. It is also important to live within your means. This means avoiding new debts.
The bankruptcy code also requires that you pay back your creditors in full, or according to a repayment plan. The repayment plan is based on your household income and the costs of various expenses. The plan can be approved by the bankruptcy court.
Meeting Of Creditors
During the process of filing for bankruptcy, you are required to attend a meeting of creditors. This meeting is required by section 341 of the United States Bankruptcy Code. The purpose of the meeting is to verify your identity. This may include your name, address, and employment information. You are also required to answer questions about your finances, such as your income and expenses.
The 341 meeting is not an official court hearing. You are required to make one personal appearance at this meeting.
Most of the time, this meeting will last less than ten minutes. The trustee will verify your identity and other documents to ensure that you are a legitimate debtor. If you are unable to provide all the information the trustee needs, he or she will ask you to provide additional documents.
The questions the trustee asks are not decision making, but rather are to verify the debtor’s identity and familiarize him or her with the bankruptcy process. The debtor is also required to answer questions about his or her finances and conduct.
Rebuilding Credit
Getting back on your feet after bankruptcy requires a plan. You will have to make on time payments and keep your credit utilization low. You will also have to use credit wisely. If you do not have a large amount of credit, make sure to use your card for small purchases only.
Having an emergency fund is a good idea. It will protect you from unexpected expenses and prevent you from getting into high-interest debt. Keep at least three to six months’ worth of living expenses in your emergency fund.
Rebuilding credit after bankruptcy requires a lot of patience. It can take years to get your score back to where you want it to be. However, there are some steps you can take that will make it easier to get there.
Your debt utilization rate accounts for up to 30% of your credit score. Keeping your credit utilization low is important to rebuilding your credit. To lower your debt utilization rate, keep your credit limit low and pay off your balance each month.