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Wednesday, 11 October 2017

Guide To Filing A Chapter 13 Oakland

By James Cook


When you have a lot of bad debts that you are not able to pay off, you should not hesitate to file for bankruptcy. This option has been provided for under the bankruptcy laws of the land, and it is meant to protect consumers like you. What you should do is consult a bankruptcy attorney to see if you qualify for bankruptcy and learn what you stand to gain or lose through this option. When filing a chapter 13 Oakland residents should know that their life may never be the same once they are declared bankrupt.

Consumers have access to a number of bankruptcy chapters. However, chapter 13 bankruptcy is the most popular. This is because it is considered more convenient or less punitive. This is because the debtor does not lose any assets. Instead of liquidation, the debtor is only required to make convenient monthly payments for a number of years.

When you decide to seek bankruptcy, the first thing you should do is hire a competent bankruptcy attorney to help you with the case. This legal professional will explain to you all the pros and cons of becoming bankrupt under this chapter. They will also look at your financial position to help you make an informed decision.

With this bankruptcy option, you will be required to propose a repayment plan that is convenient for you and based on your average monthly income. Once the plan is approved by the court, you will be required to send the monthly payments to the trustee who will distribute the money among all your creditors.

There are several types of debts that cannot be forgiven through bankruptcy. They are not even subject to bankruptcy proceedings. The first is taxes. The second is student loans. Others are child and spousal support payments. The last two can only be changed through a family court. Before seeking to be declared bankrupt, therefore, you should know that you will still be required to settle these debts.

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.

Defaulting on the terms and conditions of a chapter 13 bankruptcy has serious legal implications. First, the trustee will be forced to liquidate your assets promptly to pay off your debts. This will defeat the purpose of seeking debt restructuring, so you should be serious about paying off your debts. If you know you may not be able to meet the strict conditions of this option, you may want to consider filing a chapter 7, which will allow you to start life afresh without wasting any time.




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