Tuesday 27 June 2017

Hiring A Bankruptcy Attorney Oakland

By Margaret Gray


There is nobody who ever plans on becoming bankrupt. Most people usually find themselves unable to meet their debt obligations regardless of their level of income. For instance, most consumers usually get a car loan, then a mortgage, then a personal loan and accumulate credit card debt. With time, these debts can become unsustainable and make it impossible for the debtor to service their debts. If you ever find yourself in this type of financial situation, you should always seek help from the best bankruptcy attorney Oakland CA has to offer.

Working with a legal professional is recommended whenever you are facing a legal challenge, be it in your marriage or personal finances. If you find yourself with unmanageable levels of debt, therefore, you should find a suitable lawyer to advise you on what to do next.

There are many bankruptcy chapters that you can consider. There is the chapter 7, which provides for liquidation of assets. Both corporate and individual debtors can apply for this chapter. However, there are many strict requirements that must be met before the court grants this chapter.

A chapter 11 is a form of debt reorganization for businesses and corporate debtors. The debt of the entity seeking to become bankrupt is added up and a suitable monthly payment determined. The payments are based on the earning ability of the business and not the total debt owed by the applicant. The repayments are usually made over a fixed period of time, after which all unpaid debts are written off.

There is very little difference between chapters 11 and 13. In fact, what differs is who can apply for these chapters. With the 13th chapter, only individual consumers can qualify. It basically provides for restructuring of personal debts, which are repaid with convenient monthly payments that are determined by the monthly income of the debtor.

Each bankruptcy chapter has a number of rights and privileges that you will enjoy once you have been declared bankrupt. To ensure the trustee does not infringe on any of your legal rights, you should hire a competent lawyer. The ideal lawyer must have handled many similar cases in the city of Oakland CA. They should also have a great reputation with the public and industry stakeholders.

Experience is the first thing you should consider when shortlisting attorneys to help you with the case. Ideally, you should give priority consideration to attorneys who have handled many similar cases in the last couple of months. The success rate of the attorney must also be taken into consideration.

Hiring a lawyer is important when seeking bankruptcy because there are serious consequences that come with becoming bankrupt. For instance, you will not be able to access affordable loans or rent a decent home because landlords and banks usually run credit checks. Furthermore, some of your debts will not be written off. These include student loan debt, alimony and child support among other things. In addition to that, your credit report will be tainted for many years, which means that anyone who runs a credit check on you will have a poor impression of you.




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