Do You Make This Bankruptcy Mistake?


Mistakes happen all the time, especially with dollars and cents. You get a high paying job, buy a high priced home, build a family, then a red slip comes in the mail, following in the next months by a growing stack of bills. You are then forced to file bankruptcy. Or you get a job, get a credit card, make some mistakes, and have creditors calling you night and day.

Understand at this point you are going to be making many more decisions, and mistakes can cost you.

Mistake 1: Bankruptcy Solves All Problems
Bankruptcy will not solve all your problems. It's a solution, not a miracle. But maintaining your buying habits in such a way, or continuing to go without health insurance, or letting bills stack up and late fees mount - these all can lead to a second bankruptcy. And you cannot file every year. If you run into financial problems again, you may be out of luck.

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Mistake 2: Thinking Creditors Will Never Stop Calling
On a more positive note, bankruptcy can stop creditor harassment. This does not mean you file simply to get the monkey off your back. If creditor harassment is costing you sleep and happiness, a few phone calls or some letters is all you need to stop it. If you correctly explain to a creditor you do not want them contacting you in a letter, they have to stop. And if creditors are bordering on threatening you, consider hiring an attorney so you can sue them.

Mistake 3: Chapter 7 Is Always Better
Chapter 7 bankruptcy discharges all your debts, making it the better choice, right? Not always, as filing Chapter 13 bankruptcy can mean the difference between having properties and assets taken or ending up with nothing. Yes, if you have a lot of unsecured debts such as credit and medical bills, Chapter 7 may be better. On the other hand, Chapter 13 has some advantages if you have secured debts for assets you simply cannot lose, like home or car. An attorney can help with this.

Mistake 4: Waiting on the Foreclosure
One dangerous mistake is putting off filing bankruptcy. It can only do so much, especially if a foreclosure is looming. By law, all collections against you have to stop upon filing bankruptcy, but only for a few months. If you file after foreclosure papers are filed, you can delay the process, but not stop it.

Mistake 5: Filing too Early
On the other hand, you may want to delay your bankruptcy. If you have a high bill coming in, you should wait to file until you have received it. Many successfully discharge the majority of their debt or one major debt by waiting for the bill and then filing. This is common with medical bills and filing Chapter 7.

Mistake 6: Waiting too Long to Hire a Bankruptcy Attorney
A bankruptcy attorney is invaluable in walking you through this process, in helping you avoid mistakes. He or she can handle creditors, can explain which form of bankruptcy is right for you, how to avoid a foreclosure, how to save the most assets, and how to save the most money.


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