Tips For Filing A Chapter 7 Monterey

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By Thomas Kennedy


There are many options for getting out of debt, but the best is to pay off all your debts. If you are not able to do so, however, you may want to consider filing for bankruptcy. There are different types of debtors who can use different bankruptcy chapters to get out of debt. These chapters come with different rules that can disqualify certain debtors and allow others. A chapter 7 Monterey residents should know, is the oldest and most basic type of bankruptcy.

Any type of debtor can apply for this type of bankruptcy. This includes individual consumers who have a lot of unsecured debt they are not able to service. Business owners can also use this option to get rid of their debt burden. However, this will lead to wounding up of the business. Companies, partnerships, charities and every other type of legal entity that is allowed to borrow can also use this option.

If you do not already know, a chapter 7 basically involves auctioning of assets belonging to the debtor. After the auction, the money collected is used to pay debts owed by the debtor. Any unpaid amount is written off or forgiven. In return, creditors get a chance to claim a tax deduction on the bad debt. It is a win-win situation for all.

The main goal of declaring bankruptcy is to get legal protection from creditors. Once the paperwork has been filed in court, creditors will be automatically barred from making any communication with you. On the other hand, creditors get the chance to resolve their bad debts book and claim their deductions. As you can see, this option has many benefits.

While bankruptcy may have numerous benefits for all the parties involved, there are also some adverse effects associated with the process. For instance, consumers can expect their credit rating to reduce considerably. This is because a bankruptcy entry will appear for many years. Whenever lenders, employers and landlords run a credit check, they will know about the bankruptcy.

There are some debtors who do not meet the requirements for this legal tool. This includes, individuals who have a low net worth as well as people who have a reliable income source. After the trustee goes through the paperwork filed by these applicants, they can either recommend rejection or amendment of the bankruptcy petition to allow for a more suitable option.

When filing the necessary paperwork, you would have to declare all your assets. You must also list all your debts and state your annual income. A trustee will go through your finances and decide whether or not you qualify. If you do, they will take over all your assets and set the date for the auction.

There are some debts that can never be written off regardless of the court you file your petition in. A great example is your student loan debts. Only death will lead to writing off of this debt. Child and spousal support payments must also be paid regardless of your bankruptcy status. You would have to seek an amendment to your divorce settlement agreement to have these removed.




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