3 Bankruptcy Filing Considerations

April 16, 2011 | Author: | Posted in Credit & Debt

At times tending to ones financial burdens can become overwhelming, and near impossible. Though there are a number of potential non-legal avenues an individual might travel to help with debt, filing for bankruptcy can be a legitimate option depending upon one’s circumstances. After exploring the various choices available, if bankruptcy looks to be the most attractive alternative for dealing with debt, apply the following three final considerations before filing paperwork with the local court system.

One of the first and often most pressing aspects of filing for bankruptcy is the actual timing of events. Should one file as quickly as possible? If so, how might such actions affect the opinions of the courts relative to the ownership transfer of items from the filer’s ownership.

Filing quickly may be a necessary step, however. If one’s personal home or business utilities are in danger of being shut off, filing for bankruptcy may be one way to stay that process and keep things running just a little longer. If there are court orders for possessions to be collected and sold, filing may stop those activities as well. This can be extremely important if the repossession may adversely affect ones ability to earn income.

The acquisition of nonexempt property is another reason one might consider a quick filing of bankruptcy. Once the paperwork for debt restructuring or dissolution has been submitted to the courts, any new nonexempt property is not available to be attached by the bankruptcy proceedings. The challenge here for those filing is in ensuring the new purchases are truly nonexempt.

A second consideration is waiting to file your bankruptcy papers. This can put one in the beneficial position of ensuring that new, imminent debt is also considered for restructuring or dissolution by the courts. One of the most common examples of this is upcoming medical expenses resulting from a scheduled surgery or illness treatments. Filing too soon can cause these later incurred debts to be excluded from the bankruptcy plans.

Delaying one’s filing also has benefits related to home foreclosure. Once the default proceedings start, and even up to the point of being near eviction, waiting to file can cause a staying of action on the part of the lender trying to reclaim the home. When things are at their worst, being forced to move from one’s home certainly does not help the situation. Choosing the right time to file can provide the stability necessary to sort the rest of the challenges out.

A final tip that will go a long way in helping one weather the courts decree is to put in to play some of the likely actions to be handed down once the case has been heard. Most courts require plaintiffs to attend approved financial counseling sessions. Many of them actually require attendance prior to filing. Even if this is not the case in every jurisdiction, it won’t hurt to seek the counseling and begin to apply the knowledge acquired from those classes.

In addition to counseling the court will look at recent financial activities. If it finds excessive spending or other anomalies, there are chances it will either reject the bankruptcy claim or possibly view that activity as fraudulent and prevent those creditors from having what is owed them from being dissolved. This means repayment of those most current debts are still active and normal. They are not cleared.

Bankruptcy is no longer something to be ashamed of or avoided at all cost. While time consuming, and involved, if one needs the relief offered by a successful filing, one should seek out the best ways to proceed. Of course, the most important aspect of any sort of bankruptcy situation is to hopefully learn from the situation and prevent oneself from being in that same position in the future.

Mitch Harris is a freelance writer for My Credit Group Credit Repair Comapny. He works with My Credit Group to provide readers with free and valuable resources online.

Author:

A freelance writer who writes primarily about deb consolidation, financing, real estate and loans. An avid online user, and active on many social media accounts as well. Always looking to learn more about the world of finance.

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