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Wednesday, 8 March 2017

An Overview Of Chapter 7 Monterey

By Brenda Bell


By simply using chapter 7 it becomes possible for the trustee to actually cancel all the debts which you might be charged with. It is also possible for the trustee to liquidate a portion of your property so as cover some of your debts. Chapter 7 bankruptcy is also commonly known as liquidation or straight bankruptcy. Here is an overview of Chapter 7 Monterey with regards to an individual who is actually eligible in filing, the documents required in this process, how this process work and what are some of the expectations of both your debts together with your time.

Chapter 7 also known as liquidation and chapter 13 are different in manner that chapter 7 demands the debtor to clear all his debt at once while on the other hand chapter 13 requires the repayment to be done through a repayment plan as stipulated in by the law.

An income criteria is basically a method which has been established by bankruptcy law which normally determines those individuals who are capable of filing this kind of a case. The income criteria stipulates that eligible individuals should be either equal of somewhere below the mean of the state of the filer.

These documents clearly give instructions on the manner in which an individual is supposed to fill all the required documents. Filing a bankruptcy case basically put automatic stay into an effect. The automatic stay usually prohibits other creditors from collecting anything which you might be owning them.

If the filer possess a certain amount of income which is leftover after monthly paying off debts then the debtor is likely to fail this means test. Before filing the liquidation bankruptcy case the debtor is expected to attend credit advising. Upon the completion of this type of counseling with an approved agency from your state then now the debtor is eligible to file the case with a court dealing with such cases.

It is also important for the filer to attend credit counseling before one becomes ready to file a liquidation bankruptcy case. Once an individual has finished the sessions of counseling then it is argued that the debtor becomes completely ready to file such a case. The debtor is expected to reveal all information relating their income, debt, a list of all assets exempted, plus the creditors holds which includes both the secured plus the unsecured debt.

The bankruptcy court usually exercises control over your possession through a bankruptcy trustee who is basically a person who has been appointed by the court. This person duty is basically to make sure that all the creditors are paid the correct amount which the debtors owes them.

The automatic stay usually protects the filer from the creditors attempt to collect his debt when the liquidation process is in progress. When this automatic stay has been put into an effect then all activities involved with collection such pending lawsuits need to cease.




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