Do not be misled by myths that are associated with filing bankruptcy. Within San Antonio both federal and state regulations operate in Texas, to help support debtors and provide options for relief.
1. Bankruptcy is not an option because of the means test
The means test was created as a preventative tactic for people filling chapter 7 that had high disposable income, as it is for those who are definitely can not pay their debts. If the debt you have is considerable amount or have incurred an unexpected debt load due to medical expenses, chapter 7 is likely to be one of the first options in that case. To calculate this many attorneys offer the calculations for a means test. In addition, if you do not meet the qualifications for chapter 7, there are other options for bankruptcy that maybe more suitable for your situation.
2. Bankruptcy is not an option because I have a job
When your ready to file bankruptcy a job will open up more options for you.
3. When you file for bankruptcy you loose everything you have earned
This is not true, but many people have this fear that causes them not to file or even speak to an attorney regarding their situation. Fear also causes people to make prolonged decisions when they think loosing all their property is imminent. Property and asset loss can be minimized by consulting an attorney as soon as you recognize the problem.
4. If i file for bankruptcy it will cause me to loose my job.
First off, it is very unlikely that your employer would find out . Also consider, there are federal and state laws on this subject in San Antonio. Federal law states that if a person is bankrupt you cannot discriminate against them. So this should be a non issue.
5. I cannot file for bankruptcy because it will hurt my reputation
Bankruptcy is a public matter but a simple one is unlikely to draw attention unless you are a well known figure in San Antonio. The people close to you probably will not know either.
6. I should spend as much as I can since filing for bankruptcy will wipe out all those debts
Spending a lot of money at once before a bankruptcy filing is not recommended. the court may see this spending in a short period of time as fraudulent if you knew you were unable to repay those bills. Best case scenario, the debt would still have to be paid and would not be included in the discharge. Nonetheless, acting in this way could seriously hurt your bankruptcy process.
7. I can put my property in another person’s name to eliminate losses
This is a potentially fraudulent act. But, property still held by the debtor can frequently be protected. It is best not to act precipitously as all actions involving money and property prior to filing will be scrutinized rigorously.
8. It is possible to declare only some debts
If you do not declare a debt it cannot be discharged, so doing this makes absolutely no sense at all.
9. House loans do not need to paid off after filing bankruptcy
Filing may save your house from foreclosure, but you must act quickly. In the event foreclosure proceedings have been started, find a San Antonio bankruptcy attorney with knowledge in recovering these situations. it may very well be possible. Though, the loan will still have to be repaid.
10. Will be completely debt free after discharge
The extent of the discharge of debts varies and some debt cannot be discharged. An example is student loan debt, this can only be discharged if you can prove undue hardship. Other examples of debt that cannot be discharged are alimony, and child support.
More information can be found at Lindra Pedo website, San Antonio Attorney. From there you can discover more info on credit card defense, and San Antonio Bankruptcy.