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How To Get A Loan
After Bankruptcy
If you are
currently bankrupt or have been bankrupt you could still get a
loan. A number of lenders and other finance professionals, or
your neighbors, friends, family and well-meaning but
misinformed people would have you think that the minute you
file that bankruptcy you’ll never be able to have a car or a
home in your name again.
That is
just not the case.
There are firms that in fact specialize in giving loans for the
bankrupt and those with other bad credit
issues. Here
is how to get a loan after bankruptcy.
It may be
that those who are bankrupt will need to wait until the
bankruptcy case is dismissed or the creditors are paid to get a
loan for a car or residential property, but that is not always
the case. Mostly
it has to do with what type of bankruptcy you
filed.
If when
you go bankrupt you filed a Chapter 7 bankruptcy before you
could get a loan you will have to wait two
years. With
a Chapter 13 bankruptcy the criteria, in general, for
acceptance of a loan when having been bankrupt is that
the creditors have been paid.
Since the
type of bankruptcy will conclude how quickly and under what
situations you could get a loan after you are bankrupt it’s
essential to know the different types of
bankruptcy.
Here are the basics.
Chapter 7
bankruptcy is filed as a protection of your personal belongings
and allows you to start on the road to financial recovery while
paying your creditors back systematically. If you have a loan or two or
three when you file bankruptcy you could still pay them back,
on a schedule that you could afford. You don’t need to
default.
To apply
for a Chapter 7 bankruptcy you’ll need to gather a list of the
people and firms to whom you owe money - your
creditors. You
will have to show your bankruptcy attorney a list of your
assets and liabilities, and the property that will be - you
hope - exempt from collection.
You’ll
have to prove your income and expenses, and a statement of what
you plan to do with the debts that are
secured.
Your property, which includes any that is part of a
secured loan when you go bankrupt, will be turned over to
a trustee.
You, or
your attorney, will meet with the creditors, your list of
exempt items is discussed and you will inform the others how
you will pay them back. They will have a period of 30
days to disagree.
The creditors then have 90 days to talk with the court about
you and your bills.
The
reasons that the criteria for getting a loan when you’ve been
bankrupt differs between a Chapter 7 and Chapter 13 is that in
a Chapter 13 you keep your vehicle, your home and your other
possessions.
It is
possible that a potential lender, when considering you for a
loan, could look askance at this type of bankruptcy
situation. You,
unlike a Chapter 7 bankruptcy, chose give up your property to
pay in full your debts.
If the
post bankrupt loan you are looking for is for a home or auto it
could be that the new prospective lender will recall that in
the last bankruptcy the lender who had your home as collateral
did not get it back when you failed to pay.
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