Bankruptcy is defined as a legally declared inability or incapability of an individual or organization to pay their creditors. Personal bankruptcy is an option limited to individuals who are bankrupt and does not include organizations or companies.
The main objective behind filing a bankruptcy is to absolve financial debts and make a fresh start. Individuals can file for personal bankruptcy under chapter 7 of the bankruptcy act after they take a credit counseling course, completed an approved financial management course before discharge and after passing the ?means test?.
Debtors filing Chapter 7 or Chapter 13 bankruptcy must present a copy of a tax return or transcription of a tax return of the period for which the return was most recently due to the trustee, at least seven days before the 341 meeting
The documentation required for filing for personal bankruptcy includes a list of creditors, detailed description of current income, current personal expenses, and an identification photograph. Under the new bankruptcy laws a person also has to submit a certificate of counseling and a proof of income for the last six months. Proof of income includes copy of paycheck, a pay stub, bank statements, rental agreements, books and records, or any other evidence of income a person has received within six months of filing. The last 60 days worth of paycheck stubs must also be filed along with the bankruptcy paperwork in the bankruptcy court.
A statement of monthly net income and any anticipated increase in income after the filing should also be mentioned. All the tax returns or transcripts for the previous four (4) tax years are to be submitted. Tax returns that were not filed during the bankruptcy case will also be needed. Other documents include copies of deeds, mortgages and titles to vehicles, copy of the individual?s automobile financing agreement and any creditor?s mail that the person has received within the last 90 days before filing. Copy of security agreements with secured creditors and copies of divorce decrees, property settlement agreements, separation agreements and child support orders also have to be included along with an application for personal bankruptcy. It is always advisable to contact an attorney before filing for personal bankruptcy.
What makes a man fall into so much debt that he considers bankruptcy as his only option? A terrible handling of his finances is usually the case, though at times certain uncontrollable events like death in the family, medical bills, and other causes could be responsible for being in such a situation when personal bankruptcy is staring at you in the face. But it can be avoided if you can work extra hard to get things right.
Personal bankruptcy is a situation where you have to file for bankruptcy because for one reason or the other, you are unable to repay your creditors. It could be done in two ways. Either you file as bankrupt yourself or your creditors take you to court and in the course of proceedings you are seen as someone who can’t pay back your debts.
There are two types of bankruptcy you can file for, Chapter 7 and Chapter 13 bankruptcy. Chapter 7 wipes out your unsecured loans but if you have property you may lose it as it would be offered up for sale and used to settle your creditors. Chapter 13 gives you the chance, if you a regular income earner, to pay back the debts over a period of time under court supervision.
No form of personal bankruptcy should be taken lightly. In fact, you should seek to avoid it at all costs as it puts a dent on your credit history. People may hesitate to deal with you in future because you will be seen as some who cannot take control of his or her finances.
To avoid bankruptcy, you will have to take charge of your financial life. There should be less unconscious spending and more conscious saving. You would need to watch how you use your credit cards. Don’t spend what you don’t have. In fact you may consider swapping your credit cards for debit cards or at least secured credit cards. Secured credit cards are cash- backed cards. You can only spend what you have in your account, no more.
You can also opt for debt consolidation loans. Debt consolidation gives you the opportunity to consolidate your debts and get rid of them easily. Just find the right one for you and you won’t have to consider the worse alternative. There are so many debt consolidation companies online who are prepared to help you deal with your individual financial problems but be very careful in your search make sure you deal reputable companies. Also make sure you have a full understanding of what they require of you don’t want to replace on financial problem with another.
Avoid personal bankruptcy at all cost. Make sure it’s your last option to consider when faced with overwhelming debts. Seek counsel from experts and let them recommend the best option for you.