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Sunday 15 April 2018

Filing A Chapter 7 Oakland, CA

By Henry Wagner


If you own a business that is not able to service its debts accordingly, you can use bankruptcy to resolve your debts. Similarly, if your personal income is not able to service your personal debt, you should file for chapter 7 Oakland to get debt forgiveness. Bankruptcy is not always the best option, but it is often the only option that debtors have for resolving their bad debts.

This bankruptcy option is meant for all kinds of debtors whether individual or corporate. The requirements are usually low, which makes it the most common type of bankruptcy that debtors use in the country. In fact, a debtor only needs to show that their income is not enough to service their bad debts to qualify.

Usually, all non-exempt assets belonging to the debtor are sold in a public auction to recover funds to pay off their debts. The value of the assets does not matter provided the debtor does not have a meaningful income to service their debts. While individual debtors may be able to recover after the auction, businesses have to close shop after the liquidation as they will have nothing to conduct business with.

Individuals with a lot of bad debt, but no income to service it will come to realize that this option is perfect for them. However, the debt forgiveness they will get comes at a cost as they will be listed by credit reporting bureaus as bankrupt consumers. This will have an adverse effect on their life.

Any debtor with a regular monthly income cannot qualify for this option, unless they have considerable assets that can be sold. This is because the trustee will recommend debt restructuring under chapter 11, for corporate entities and businesses, or chapter 13, for individuals. After all, creditors stand to recover more of their debt through regular monthly payments than liquidation of assets belonging to the debtor.

Once you have been declared bankrupt, your credit rating will take a dip. This is because your credit report will show that you are currently bankrupt. The entry will remain on your report for several years. This means that you may not be able to access affordable loans for some time. You will also not be able to get certain jobs or even a promotion at work.

Please note that the assets of the debtor are usually sold through a public auction, which means that the entire process will be publicized. Everyone will know about it, and this can have a negative effect on your family. Therefore, you should keep this in mind when submitting your application for debt relief through this type of bankruptcy.

A trustee is normally fronted by the court to oversee the entire process of liquidating the assets of the debtor. This is usually a legal or financial expert with experience in the industry. The trustee is usually neutral, so their only task is to ensure that the law is followed during the bankruptcy proceedings.

It is important to note that not all debts will be forgiven through bankruptcy. There are certain debts, such as student loans and child support back payments, that must be paid no matter what. In fact, child support can only be amended by a family court. Be sure to keep this in mind as you seek debt forgiveness.




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