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What To Do When Facing Bankruptcy

September 27, 2010

If you are in financial trouble, you are not alone.  More than 1.5 million bankruptcy cases were filed during the fiscal year that ended June 30, 2010.  Many of these cases were joint husband and wife filings, which conservatively equates to one person filing bankruptcy in the United States every 15 seconds!


Many people who are facing financial hardship believe that they are powerless to act and that the situation is hopeless.  Bankruptcy attorneys meet these people every day and show them how to recover from overwhelming debt.  If you are facing bankruptcy, there are a few things to do that will make the process considerably easier.


First, consult with an experienced bankruptcy attorney.  The initial consultation is free, so discuss your financial situation and learn how the federal bankruptcy laws can help you and your family.  Your bankruptcy attorney can help you develop a bankruptcy strategy and explain what property is protected or at risk, and identify debts that can be discharged or that survive the bankruptcy.


Second, tighten your belt.  This is the time to be financially conservative and begin your financial recovery.  You and your attorney will construct a reasonable budget which will allow you to gain control over your finances during and after the bankruptcy case.


Third, before you make a large financial transaction, discuss the matter with your attorney.  In many cases large financial transactions can undermine your bankruptcy case.  Your bankruptcy attorney can advise you whether to pay your mortgage, car payment, credit cards, or repay a loan from a family member.


Fourth, seek out advice regarding any expensive item that cannot be protected in your bankruptcy.  Rather than lose an item to the trustee, in many cases it can be sold and the proceeds used to pay ordinary expenses.  Discuss this matter with your attorney.


Fifth, stop using credit.  Credit transactions immediately before filing bankruptcy will send up a red flag to both creditors and to the bankruptcy trustee.  These credit purchases may also be found non-dischargeable, or worse, fraudulent.


If you are in a dire financial situation, break the inertia of depression and discuss your options with an experienced bankruptcy attorney.  Early attorney involvement can mean the difference between an easy and difficult bankruptcy case.  Get the advice you need today and begin on your path to a financial fresh start.



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