Friday 29 December 2017

Tips For Filing A Chapter 13 Oakland CA

By Debra Murphy


Any business or individual consumer who is unable to pay off their debts can file for bankruptcy. This is a legal provision that is accessible to every consumer. You only need to prove that you are unable to settle your debts under the current circumstances. You also need to prove that if the conditions were changed, you could service your debts properly. To file a chapter 13 Oakland residents have to hire the best lawyer to help them out with the process.

Bankruptcy has advantages and disadvantages. The main advantages include; debt forgiveness and peace of mind since creditors will be forced to stop contacting debtors or sending debt collectors to go after debtors. As a result, the debtor can work on how they can settle their debts under the bankruptcy act.

This bankruptcy chapter is meant for consumers. Corporates and businesses cannot use this option, which basically makes debt reorganization possible. Once the bankruptcy paperwork has been filed in court, a trustee will be appointed to receive the monthly payments and distribute it among your creditors based on their fraction of the total debt. The monthly payments are based on your ability to pay, not the outstanding debt.

The beauty of chapter 13 is that it allows the debtor to retain all their assets. This is great news for you because you can continue to enjoy the kind of life you are used to. In the case of a chapter 7 bankruptcy, your life will be turned upside down as most of your stuff will be sold to pay your debts.

Before you file for bankruptcy, you need to look for a suitable lawyer to help you file the necessary paperwork. The lawyer will also advise you and guide you throughout the entire debt resolution process. Please note that having legal counsel is crucial as the trustee may want to take advantage of you. If you do not have the relevant information, you may get exploited by the trustee. This is the number one reason why you need to have a competent attorney by your side.

Your credit rating will suffer once the court declares you bankrupt. This will prevent you from accessing affordable loans, getting a decent job or renting a car/house. After all, many businesses nowadays carry out background checks on potential clients when they are about to make important business decisions. Therefore, you should know that your life may be significantly affected.

The key to success with this legal debt resolution option lies in knowing how it works. The first thing you have to do is to file the petition in court. The court will appoint a trustee to carry out due diligence and supervise the process. The trustee will look into your finances, debts, income and expenditure to determine whether or not you qualify for this chapter.

Once the case has been accepted in court, it will be the responsibility of the debtor to come up with a suitable repayment plan, which must be presented to creditors. The repayment plan will be based on the income of the debtor. If approved, the debtor will be required to forward monthly installments to the trustee on a monthly basis.




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