All About Chapter 13 Oakland CA

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By Elizabeth Turner


There are three bankruptcy options that debtors can use to resolve their debt and get legal protection from creditors. The most popular, however, is the chapter 7, which provides for debt resolution through liquidation of assets belonging to the debtor. Chapter 13 Oakland CA residents should know is also incredibly popular with consumers, especially those with a high net worth.

This type of bankruptcy makes it possible for debtors to restructure their debts and make monthly payments to settle it. The monthly income of the debtor is what determines how much they will pay every month, not their outstanding debts. The payments are made for a few years, after which all unpaid debts are written off.

The main advantage of chapter 13 bankruptcy is that debtors do not lose any of their assets. They simply make a plan to repay their debts based on their monthly income. Once the plan is approved, they only need to make regular payments to the trustee, who will distribute the funds. After the bankruptcy period, the outstanding debts will be written off. It is important to note that the monthly payments are dictated by the income earned by the debtor every month, not how much they owe.

Chapter 13, Oakland CA residents should know, has one major advantage over chapter 13; it allows debtors to retain all their assets. Nothing is sold to offset their debts. Imagine having a multimillion dollar estate being liquidated to pay off your debts. This is not only a huge loss, but also embarrassing. Fortunately, debt restructuring under chapter 13 can help you to avoid this.

It is important for debtors to hire the most competent bankruptcy attorneys to help them out whenever they have accumulated too much debt. This is because there are a number of legal options that can help them deal with their debt. Bankruptcy is just the last option. Due to the legal consequences of bankruptcy, consumers should be careful when filing their paperwork.

While anyone can seek legal protection from creditors through bankruptcy, there are many types of debts that do not qualify. For instance, if you have defaulted on your student loan debts, spousal support and child support payments, you will simply have to arrange your affairs to make sure you do not miss payments. These obligation, together with taxes, must be met regardless of your financial situation.

When drafting the repayment plan, the debtor must be prepared to defend it in front of creditors as well as the trustee. Creditors will ask questions, which the debtor will have to answer. After the presentation, creditors will be required to vote on the plan. Votes are usually based on the amount of debt a creditor has.

There are many adverse effects of filing bankruptcy under this chapter. One of them is the fact that the lender will be listed as a chronic defaulter as the bankruptcy will appear on their credit report. This will make it difficult for them to access affordable loans as lenders usually run credit checks. Getting a better-paying job, renting a car or house will also be more difficult after the bankruptcy. That is why it is important for consumers to learn about all the advantages and disadvantages of bankruptcy before making a decision.




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