Anyone who needs to seek Chapter 13 bankruptcy protection can't afford to have their case dismissed and lose out on debt relief due to accusations of bankruptcy fraud. But what can you do to ensure that the court doesn't see your expenses as fraudulent? Here are a few key things to do.
1. Question Everything
The bankruptcy court doesn't expect you to avoid spending any money at all — nor even to stop using credit cards if you must.
As you might know, filers using chapter 7 can be subject to property losses in some cases. However, not everything is vulnerable to the bankruptcy trustee's powers of seizure. Read on to find out what might be vulnerable, what is protected, and how filers can use exemptions to protect property.
What Can be Seized?
The law says that some items exceeding your state's exemptions can be taken. When that occurs, the property is sold and the funds are used to pay some of your bankruptcy administration expenses and sometimes, a creditor.
Bankruptcy is one of the legal processes, but most people usually misunderstand it. Actually, bankruptcy can help solve a serious financial crisis, giving you a fresh financial start. It can help you keep your home or car and even stop your creditors from harassing you. However, this only happens when you hire a bankruptcy law attorney to handle the bankruptcy process. And although bankruptcy can be a solution to those sinking in serious financial problems, many people have no idea about it.
Pursuing bankruptcy is, like many other legal processes, a task that can be complex and challenging. However, you can do a handful of things to minimize the pain of the process.
File Correctly
Hire a bankruptcy lawyer and tell them what your situation is before you send any paperwork to the court. Your attorney will then help you to decide which kind of bankruptcy is right.
There are two fundamental forms of bankruptcy.
Bankruptcy courts frown on people incurring new debt while their cases are active, but they understand things happen that require petitioners to take on more bills. Thus, it's possible to purchase a vehicle while you're still paying on your chapter 13 bankruptcy, but you need to do these two things first.
Create a Car-Payment Friendly Budget
The purpose of chapter 13 bankruptcy is to make your debts more manageable. So, the trustee in your case won't even consider your request unless you can show you have enough money to cover the monthly car note, required insurance, and your plan payments.