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Thursday, 29 June 2017

Guide To Filing A Chapter 13 Oakland CA

By Elizabeth Turner


Getting legal protection from your creditors is easy if you have the right legal adviser and representative by your side. A bankruptcy attorney can advise and guide you every step of the way to ensure that your bad debts are written off in a legal way. There are three main bankruptcy options that you can file, so you should hire an experience bankruptcy attorney to help you pick the right one. When thinking about filing a chapter 13 Oakland CA residents need to work with an attorney who has handled many similar cases in the past. This will ensure they get the best results possible.

Through this option, debtors get their debts restructured to make it easier for them to repay. However, the payments are made for a fixed period, after which all debts are forgiven. The monthly payments to be paid by the debtor depend on how much they earn every month, not their outstanding debts.

One major advantage of this option is that the debtor is the one who decides what they are going to pay every month after taking into consideration their income and expenses. However, creditors will require the debtor to justify the repayment plan. They must also vote on the plan based on their share of the debt. However, the judge is the one who has the final say.

The main advantage of chapter 13 over liquidation is that people who have accumulated a considerable estate get a chance to pay off their debts without having to worry about their property being auctioned off by the court. With liquidation, assets are normally liquidated, so a person who has a large estate but is unable to service their debts will find this option punitive.

Hiring a competent bankruptcy attorney to help you during the process of debt management is important. This is because bankruptcy is not necessarily the best option. Your lawyer will explain all the available options to you and help you pick the right option. They will also help you understand what you are getting yourself into.

Some debts can never be written off whether you are bankrupt or not. These include; child support payments, spousal support payments, student loans and taxes. These debts must be settled even if you are declared bankrupt. You should know this before hand because many people have made the mistake of assuming that their student loan debts will also be written off.

When drafting the repayment plan, the debtor must be prepared to defend it in front of creditors as well as the trustee. Creditors will ask questions, which the debtor will have to answer. After the presentation, creditors will be required to vote on the plan. Votes are usually based on the amount of debt a creditor has.

There are many adverse effects of filing bankruptcy under this chapter. One of them is the fact that the lender will be listed as a chronic defaulter as the bankruptcy will appear on their credit report. This will make it difficult for them to access affordable loans as lenders usually run credit checks. Getting a better-paying job, renting a car or house will also be more difficult after the bankruptcy. That is why it is important for consumers to learn about all the advantages and disadvantages of bankruptcy before making a decision.




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