Thursday, October 12, 2017

Tips For Filing A Chapter 13 Oakland

By James Cook


Bankruptcy is a legal debt resolution option that is provided for under the Federal Bankruptcy Act. There are also provisions in state law governing how bankruptcy cases are implemented. When you have a lot of unmanageable debt and would like to get legal protections from creditors, all you need to do is file for bankruptcy. A chapter 13 Oakland residents should know, is a personal bankruptcy.

There are several bankruptcy chapters available to debt consumers, but this one is considered the best. This is largely due to the fact that it is considered to be less punitive. After all, it allows the debtor to retain all their assets as they make convenient monthly payments to offset their debts.

The first thing to do when you decide to become bankrupt, to get legal protections from creditors and have your debts forgiven, is to find a competent bankruptcy attorney. This is a legal professional who has handled hundreds, if not thousands, of bankruptcy cases, so they can advise and guide you accordingly. Getting competent legal advice will ensure you make informed decisions.

Once you have submitted the necessary paperwork in court, a trustee will be appointed to help you come up with a repayment plan for the debt in question. The trustee will also organize a meeting of creditors to discuss the repayment plan you propose. It will be the responsibility of the trustee to collect the monthly payments from you and forward the money to your creditors.

There are many types of debts that cannot be subjected to bankruptcy proceedings. If you have an overdue tax bill, for instance, you must pay your taxes. If you have student loan debts or child support payments, you will be required to settle these debts without fail. This is because they cannot be forgiven through bankruptcy.

The best thing about this bankruptcy option is that the debtor gets to retain all their assets. The only thing they need to do is make convenient monthly payments to the trustee towards repaying their debts. After the bankruptcy period lapses, all unpaid debts will be forgiven. Furthermore, no assets are sold to recover funds to settle debts.

While bankruptcy can protect the debtor from being harassed by creditors as well as freeze any more interest and penalties from accruing, there are some drawbacks. First, you will be listed as a bankrupt consumer and a defaulter. This will make it hard for you to qualify for low interest loans, high paying jobs and renting anything. After all, most firms nowadays run credit checks on potential employees, tenants, renters and borrowers.

It is important to note that if you default on this type of bankruptcy, your assets will be liquidated. The trustee will simply start liquidating your assets to recover funds to pay your creditors. Therefore, it is important you do everything in your power to honor the terms and conditions of the bankruptcy. It is always recommended you change your lifestyle to minimize your expenses and increase income sources to ensure you can pay your debts in a timely manner.




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