In the time of acute financial crisis where debts and interest are mounting out of control, filing personal bankruptcy can be a considerable option. However, the filing process and the related procedures are not always simple. The process involves various complications that can affect you if you are not proficient in handling them. You need to take into account every tit bits of the process so you can avoid facing any issues in the future.
In order to avoid falling prey to any such problems, the best way would be to take help from a professional bankruptcy attorney of your state. But these issues can be dealt with easily if you are well aware of the bankruptcy laws that are active in your state.
Among the most vexing issues that can arise in a personal bankruptcy filing case, a few are listed as follows:
• Divorces: Personal bankruptcy filing cases often include divorce proceedings. It is generally seen that spouses agree to pay certain debts of the other person. Those debts that were incurred during marriage are also shared most of the times. But when one of the spouse files for bankruptcy, creditors make it a point to harass the other for payments on certain specific debts. Despite the existence of any previous agreement between the divorced couple, this issue often arises.
Thus if you shield your spouse from debts during a divorce proceeding, you can easily prevent that debt from being discharged during bankruptcy. If you are going through a divorce procedure and there is a chance that any one of you may file bankruptcy, you should tread carefully. In these critical times advice from an expert attorney can help in protecting the interest of both the spouses and getting the debts discharged.
• Defaults leading to loopholes for trustees: Things turn critical if a homeowner files for bankruptcy. There may be circumstances when even if you make timely mortgage payments, you can be subjected to defaults. The court appoints a trustee to look into any kind of loopholes that exists in the mortgage agreement. This helps in presenting their claim in front of a creditor in a proper way. Many companies opting for mortgage happen to do such mistakes in their paperwork. With such mistakes, if the mortgage lender is unable to prove cannot justify the claim, the trustee has the power to sell off the house. Seeking advice from a bankruptcy lawyer in these circumstances will be of great help as they can help you understand and overcome such loopholes.
• Homeowners Association Fees: Many bankruptcy filers have stated that homeowners associations can collect unpaid fees, even after the filers have given up their claims on their homes. If you buy a house using a mortgage and fail to make timely payments, your ownership may be at risk even before the foreclosure proceedings begin. The homeowners association may utilize this time span to charge membership fees from the previous homeowner. They can continue charging this fees until the bank completes a foreclosure. The procedure may stretch even longer depending on the court procedure. In such a situation, the best option is to contact a bankruptcy attorney of your state. Taking professional will be advantageous as you can safely avoid any loopholes and can also stay legally safe.