Pages

Tuesday, 12 June 2018

What To Know Before Filing For Bankruptcy CA

By Carolyn Smith


When you have a lot of unmanageable debt, it is important you take your time to look for a competent lawyer who can advise you accordingly on how to get rid of your debt through this option. Getting legal counsel is crucial because there are far-reaching consequences of becoming bankrupt. However, there are also many benefits of filing for bankruptcy CA.

The main advantage of bankruptcy is forgiveness of debts. If your debts have been weighing you down, you can use this legal option to have your debts written off. Since there are numerous chapters that you can use, be sure to compare their pros and cons as well as your eligibility for these options before making a decision. When you make an informed decision, you can be assured of starting life afresh, free of the burden of debt.

There are some debts that can never be forgiven through this option. They include; taxes, alimony, child support and student loans. In fact, the only way you can have your student loans forgiven is if you die. With child support and alimony, only a family court can amend the terms. Taxes, like death, must be paid no matter your circumstances.

The number of years an attorney has been in business should be checked. This is because you want to hire the most experienced lawyer you can find. Experienced attorneys know how to deal with different types of challenges that may arise during the proceedings. Therefore, they can offer greater value for money.

Chapter 7 was designed for debtors, both individual and institutional, that do not have an income source. Their assets are normally sold to pay off their debts. The proceeds of the auction do not matter as whatever will be recovered will be used to settle the debts of the debtor. A few thousand dollars can be used to settle a debt of hundreds of thousands.

Anyone who has a decent job, but is not able to service their debts properly due to high monthly payments can file for chapter 13. This chapter allows the debtor to make regular monthly payments to the trustee for several years. After that, all their unpaid debts will be forgiven.

Businesses, institutions and other types of corporate debtors can use chapter 7 (liquidation) or chapter 11 (debt restructuring) to settle their bad debts. The latter is meant for businesses that are able to generate some revenue while the former is meant for businesses that are not able to generate any income. Both options have pros and cons that business owners or administrators should learn about before making a decision.

Your credit rating will suffer a great deal once you are declared bankrupt. This is because the entry will be added to your credit report, so anyone who runs a credit check will learn about your status. This will make it difficult for you to get an affordable loan. Renting a house or car will also become a challenge. At work, your colleagues will have an advantage over you during promotions.




About the Author:



No comments:

Post a Comment