Sunday, 10 December 2017

Importance Of Filing For Chapter 13 Oakland

By Charles Foster


As a matter of fact, borrowings made need to be repaid back. People borrow money with a good intention and hope that all will be well and that they will repay the money in the agreed manner and time. However, things normally change in the process because the future holds expected and unexpected outcomes. Sometimes it becomes hard for the borrower to raise the repayment money. If this kind of challenge occurs, the best thing is to file for chapter 13 Oakland.

Chapter 13 is a cover or protection plan that bankruptcy courts provide for borrowers with financial challenges or constraints. It denies the lenders the right of seizing properties owned by borrowers in case he defaults the payment contract. It immediately takes away all the seizing rights that the creditor could be having. This plan is responsible for eliminating wage garnishments, foreclosing of the asset or any harassment.

Any right the lender could be having towards your assets is withdrawn. At this point, you will only be required to make payments on the debts that are statutory. However, installments made will be pocket-friendly. This plan will also provide an address on loans and debts that have remained unprotected or not addressed by chapter seven.

It will also address unsecured debts, personal loans, medical bills, credit card balances and property repossessions among other judgment collections. The main purpose of the plan is to give you a chance to reorganize the debts you owe people. In fact, if you are working but your disposable income is below the agreed amounts or terms, this plan will help you in raising the payments through at a lower amount than earlier agreed.

Generally, the plan is a form of break that gives you a chance to have all your debts reorganized into a manageable state. However, you are needed to complete this payment within a maximum of five years or a minimum of three. In addition, this payment is required to be made continuously throughout the period because it does not go beyond your ability.

When you are okay with it, you will enjoy certain benefits. First, the new payment plan reached at or designed will be reasonable. This will be contributed by court judgment as a result of the submission of your budget and disposable income for installment determination. The bankruptcy court will closely examine and review it where the judgment will come up with a new amount to be used as installment.

The payments are also consolidated such that you do not have to pay creditors directly. The money is given to the trustee who distributes it to the creditors in the right proportions. You will also benefit from the elimination of foreclosure and related activities. This is because the court will order that no creditor should collect any property from you.

You will be required to submit the repayment money to the trustee who will be responsible for distributing the funds to the creditors. On top of that, any activity that aims at property reposition will be blocked permanently. There will be no lender or creditor left with rights to repossess or collect anything from you. This means property retention will be achieved. The plan will also protect your co-signers.




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