Sunday 25 June 2017

The Truth About Chapter 13 Oakland CA

By Elizabeth Turner


There are three bankruptcy options that debtors can use to resolve their debt and get legal protection from creditors. The most popular, however, is the chapter 7, which provides for debt resolution through liquidation of assets belonging to the debtor. Chapter 13 Oakland CA residents should know is also incredibly popular with consumers, especially those with a high net worth.

This option provides for restructuring of debt to resolve the debt problem reported by individual consumers. Basically, all qualifying debts are listed alongside the monthly income of the debtor. To have their debts written off, applicants only need to make monthly payments for a couple of years.

The main advantage of chapter 13 bankruptcy is that debtors do not lose any of their assets. They simply make a plan to repay their debts based on their monthly income. Once the plan is approved, they only need to make regular payments to the trustee, who will distribute the funds. After the bankruptcy period, the outstanding debts will be written off. It is important to note that the monthly payments are dictated by the income earned by the debtor every month, not how much they owe.

Chapter 13, Oakland CA residents should know, has one major advantage over chapter 13; it allows debtors to retain all their assets. Nothing is sold to offset their debts. Imagine having a multimillion dollar estate being liquidated to pay off your debts. This is not only a huge loss, but also embarrassing. Fortunately, debt restructuring under chapter 13 can help you to avoid this.

Hiring a competent bankruptcy attorney to help you during the process of debt management is important. This is because bankruptcy is not necessarily the best option. Your lawyer will explain all the available options to you and help you pick the right option. They will also help you understand what you are getting yourself into.

There are a number of personal debt obligations that can never be forgiven through bankruptcy. One of them is child support. The terms and conditions can only be amended through an amendment of the divorce settlement agreement. Student loans cannot also be written off. Spousal support and taxes are examples of other types of debts that cannot be forgiven.

When a debtor drafts a plan to repay their debts, the plan must be presented to creditors or their representatives. The creditors must vote on the plan, but they do not have to give their approval for the plan to be approved by the court. The judge usually has the final say.

Like all other forms of bankruptcy, this option comes with a number of negative effects. For one, the debtor will be blacklisted by lenders. The bankruptcy will also appear on their credit report for a number of years. This means that any person who runs a credit check on the debtor will learn about the bankruptcy. This includes, lenders, employers, car hire firms and landlords among others. This can make life more difficult for the debtor. The good news is that they will get a chance to start life afresh.




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