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Tuesday 9 July 2019

When Applying For Chapter 11 Bankruptcy Salinas Residents Should Consider The Consequences

By Dennis Patterson


Experiencing severe financial difficulties can be extremely stressful. When every phone call or letter seems to be a demand for payment many people simply do not know where to turn. They end up in this situation because they lost their jobs or they had serious unexpected expenses. Sometimes they are just plain irresponsible. When realizing that they cannot cope any longer, many consider applying for insolvency. However, when asking the court for a Chapter 11 bankruptcy Salinas residents should know that they are in for a rough time.

Many applicants think that being made insolvent will free them from all their financial problems. They cannot be more wrong. Being declared insolvent is a very serious step and the courts are extremely careful in these cases. They need to be sure that applicants are indeed in dire straits and to this end they always insist upon a means test to ensure that the applicant is in genuine financial distress.

Financial experts all warn that applying for insolvency should always be the very last resort. In many cases there are other measures that can help those in dire financial straits to recover without having to go bankrupt. Creditors are often willing to negotiate new payment schedules because they know that in this way they are most likely to recover their money. It may even be possible to get a loan to pay off debt.

Applicants for insolvency will not only have to undergo a means test, but their entire financial lives will also be put under the microscope. They will have to explain their lifestyles, their extravaganzas and their expenditure. They will have to make an inventory of all their assets and submit it to the court. Their income will be scrutinized. The entire process is painful and often very humiliating.

When the court finally accepts an application it rapidly appoints a trustee to manage the process. The trustee is not there to assist the applicant. Instead, he is there to see to it that the demands of the creditors are honoured. He will therefore seize the assets of the applicant and sell them. The money earned will be distributed to the creditors. The applicant will be left with only the bare essentials necessary to survive.

The court will only issue a final discharge order once the trustee informs it that everything possible has been done to satisfy the creditors of the applicant. Once this order is issues creditors may no longer make any demands upon the applicant. This does not mean that all his financial responsibilities are cancelled, however. Support payments, outstanding taxes and secured loans must still be paid.

People in grave financial trouble often end up that way because they did not act in good time. At the first sign of trouble professional help should be sought. Ignoring these problems will certainly not help. Financial experts can help their clients to implement comprehensive debt relief programs that will not force them to go through the humiliation of insolvency.

Bankruptcy is most definitely not an easy way out of debt. It has serious and sometimes devastating long term consequences for the applicant as well as his loved ones. Insolvent people struggle to find financing and it may take them years to recover financially after losing all their assets.




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