If you are going through financial strain, one can choose to file for bankruptcy as a relief from immense debt. This is a legal procedure where one appears before a judge to lay down a payment plan or get a discharge from most of the debt if not all. Hawaii Bankruptcy law is quite complicated, and it requires time to study and understand. However, there are a number of misinterpretations that one should know before making up your mind to follow this path.
There is a belief that to file for this procedure; the debtor must be broke. The only thing that is required is for the debtor to declare that he is unable to pay his bills when they are due. If at all the debtor was broke, he would not be in a position to pay for a lawyer because he requires one for this process. The state permits the debtor to hold on to a part of his property to avoid becoming state dependent because he cannot fend for himself.
Ten years after the insolvency has been filed, the debtor can apply for credit. Many people assume that after an insolvency, the debtor will never receive credit. This is not true as the insolvency file will appear on your credit report for only ten years, after this period you can get credits. Initially, the credit offered will be very little, but it will increase with time.
Another myth is that after an insolvency has been declared, the debtor cannot buy a house afterwards. Most banks will fight over you to offer you a loan even after the insolvency file as long as you have a good financial security and enough down payment. They will compete to give you a mortgage though at a higher interest rate as compared to other people. A debtor can thus apply a mortgage to purchase a house even with an insolvency case in their files.
Another misinterpretation is that if one owns a house and files for this process, he will lose it. This can go either way because in some states one is permitted to retain a certain amount inform of property despite them been bankrupt and there is also a consideration of whether they are currently on the mortgage or not. A current mortgage has less equity and increased credit card debt so, in such circumstances, you are allowed to keep the house.
It is an often misconception that even after declaring the insolvency, you will still pay taxes. This is false as some types of taxes are dismissed. For the tax to be dismissed, it should meet some certain conditions. An example of dismissed taxes is the personal tax after three years.
People believe that they can declare bankrupt but not list some creditors in their report. This is wrong because this procedure requires all creditors be treated equally. If by any chance a creditor is not listed, and the debtor decides to pay him, the debtor is seen as biased, and the court sees that as fraud, and they can discharge the debtor or even have him jailed and fined.
Another misinterpretation is that one can lose their job if they declared bankrupt. If your boss dismisses you because you have filed for this process, then you can sue him. The only required is to prove that the dismissal was solely on the grounds of been bankrupt. Though there is a condition that if by any chance the debtor tries to look for another job after he has filed for bankruptcy in Honolulu, HI, the new boss can use his bankruptcy report to decide whether to grant him a job or not.
There is a belief that to file for this procedure; the debtor must be broke. The only thing that is required is for the debtor to declare that he is unable to pay his bills when they are due. If at all the debtor was broke, he would not be in a position to pay for a lawyer because he requires one for this process. The state permits the debtor to hold on to a part of his property to avoid becoming state dependent because he cannot fend for himself.
Ten years after the insolvency has been filed, the debtor can apply for credit. Many people assume that after an insolvency, the debtor will never receive credit. This is not true as the insolvency file will appear on your credit report for only ten years, after this period you can get credits. Initially, the credit offered will be very little, but it will increase with time.
Another myth is that after an insolvency has been declared, the debtor cannot buy a house afterwards. Most banks will fight over you to offer you a loan even after the insolvency file as long as you have a good financial security and enough down payment. They will compete to give you a mortgage though at a higher interest rate as compared to other people. A debtor can thus apply a mortgage to purchase a house even with an insolvency case in their files.
Another misinterpretation is that if one owns a house and files for this process, he will lose it. This can go either way because in some states one is permitted to retain a certain amount inform of property despite them been bankrupt and there is also a consideration of whether they are currently on the mortgage or not. A current mortgage has less equity and increased credit card debt so, in such circumstances, you are allowed to keep the house.
It is an often misconception that even after declaring the insolvency, you will still pay taxes. This is false as some types of taxes are dismissed. For the tax to be dismissed, it should meet some certain conditions. An example of dismissed taxes is the personal tax after three years.
People believe that they can declare bankrupt but not list some creditors in their report. This is wrong because this procedure requires all creditors be treated equally. If by any chance a creditor is not listed, and the debtor decides to pay him, the debtor is seen as biased, and the court sees that as fraud, and they can discharge the debtor or even have him jailed and fined.
Another misinterpretation is that one can lose their job if they declared bankrupt. If your boss dismisses you because you have filed for this process, then you can sue him. The only required is to prove that the dismissal was solely on the grounds of been bankrupt. Though there is a condition that if by any chance the debtor tries to look for another job after he has filed for bankruptcy in Honolulu, HI, the new boss can use his bankruptcy report to decide whether to grant him a job or not.
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