An Overview Of Chapter 7 Monterey

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By Brenda Bell


When an individual decides to file liquidation bankruptcy then it usually becomes very possible for the trustee to actually cancel the arrears which you might be charged with. The trustee can also liquidate some of your assets so as to cover the debts which you are probably charged with. In some instances a debtor can choose to file his case either under chapter 13 or under chapter 7. Chapter 7 Monterey regulations usually determines the individuals who are eligible in filing such a case, the correct amount of debt which is necessary for discharge as well as the procedure which needs to be followed during the process of filing.

The income criteria which is basically recognized by bankruptcy law decides the debtors who are qualified of filing a liquidation bankruptcy. For an individual to qualify with regards to the income criteria, then the debtors income should actually be equal to or probably fall below the average of the debtors state.

For a person to file such a case an individual is expected to fill a petition together with some other documents and then file these documents in the bankruptcy court which is located within your residence. Under normal circumstances these forms usually request a particular to give a detailed information concerning his debts, property, monthly expenses and exempt property.

This also implies that this kind of test is basically meant to inhibit the filers who have the ability of being able to repay creditors from discharging such arrears. This therefore implies that this kind of test is used to assess the debtors arrears plus the income from the previous six months.

This test is also aimed at inhibiting who particularly has the ability of repaying his debt from discharging the debt. The test is also used in evaluating the debt of an individual plus the income of the debtor in the past six months. If it comes to notice that the debtor has some leftovers in his monthly income which are left after an individual has repaid all his debts then it means that the filer has totally failed that test.

In this case an individual cannot sell or even give away your possessions when you basically file or in the instances when you pay off the pre filing debts without the consent of the court. But with some few expectations an individual can do whatever he feels like with his own assets which he acquires and the income which one earns after he has filed this type of a case.

The exempt assets refers to the property which an individual is permitted to hold with regards to the liquidation bankruptcy law within your state. Exempt property includes property like furniture, car as well as clothes among other type of assets. Once a debtor has successfully filed the case, the court is then expected to give an automatic stay.

In this case the more possessions which the trustee is able to recover then the more he gets paid. The trustee therefore keenly examines all the paperwork to ensure that they are complete while he looks for nonexempt assets which can be sold so as to benefit creditors. The trustee is also supposed to look at all the transactions so that he can see if there are some which can be reversed.




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