Personal bankruptcy is a tool that allows people to make a fresh start in their financial lives, freed from the burden of creditors calling and large debts hanging over their heads. There is a lot to learn about personal bankruptcy before deciding whether or not it makes sense for you. Continue reading to find out more about personal bankruptcy.
Many people do not know that student loans are not dischargeable debt under bankruptcy laws. Do not go into your bankruptcy thinking that your student loans will be discharged, because only in cases of extreme hardship are they considered. If the job you received from pursuing your degree will never allow you to pay off your debt, you may have a chance, but it is highly unlikely.
If you can, keep some of your debt out of your bankruptcy. Work on paying down this debt yourself, or especially if you can negotiate a lower rate or new payment terms. This will help to preserve your credit rating, to some extent, because bankruptcy itself will do a number on your score.
Do some research. There are two main types of personal bankruptcy – Chapter 7 and Chapter 13. Chapter 7 will eliminate the majority of your debt while Chapter 13 restructures it to give you time to pay it off. Each one has different rules on what assets you are allowed to keep. So, ask a lot of questions before you decide which one is the best fit for your situation.
Never use a paralegal to guide you through the bankruptcy process. While some paralegals may have the necessary knowledge to provide all the answers you need, they cannot give legal advice legally. Because of this, you are not guaranteed in any way to receive accurate information or advice. An attorney, on the other hand, has a legal and ethical obligation to provide you with accurate information and sound advice.