Tuesday 18 June 2019

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

By Dennis Patterson


There are many reasons why people land up in financial difficulties. People lose their jobs or are forced to spend all their savings on expensive medical treatment. Others are simply financially irresponsible and live beyond their means. Businesses may suffer due to rapidly changing markets. The list is endless but the fact remains that there are more and more people who simply cannot service their debt any longer. However, before applying for Chapter 11 bankruptcy Salinas citizens should think very carefully.

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.

Insolvency is not a solution to financial troubles. It is a serious step that may have detrimental consequences for applicants lasting many years. It should always be the absolutely final resort when every other option has been exhausted. Those in trouble should try other remedies first, such as being honest with their creditors and by asking them to agree to lower monthly premiums over a longer payment period.

Once a decision is made to make an application for insolvency, it is important to realize that the process is drawn out, extremely stressful and even humiliating. Applicants will have to submit to the intensive and exhaustive scrutiny of the courts, they will have to submit an inventory of all their assets and they will have to explain all expenditure deemed unnecessary or luxurious.

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.

Only when the trustee informs the court that he has done all that he can to pay the creditors of the applicant will a final discharge order be granted. This means that creditors will no longer be able to make any financial demands upon the applicant but it does not mean that the applicant is freed from all debt. Secured loans, taxes and spouse of child support payments still have to be honored.

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 not an easy way out of financial trouble. Bankrupt individuals will struggle to enter into any financial agreement and they will not qualify for any form of financing. It may take many years to recover from the loss of all the assets and loved ones will suffer in the process.




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