Sunday 4 June 2017

Filing Bankruptcy Under Chapter 7 Oakland CA

Posted by Unknown at 13:06
By Michael Olson


Most people live their lives with debt, which is not bad. When the amount of debt accumulated by a single person becomes unsustainable, however, they may start experiencing financial problems. If the income earned by the debtor is not enough to service those debts, the only option might be to renegotiate the debt or declare bankruptcy. Chapter 7 Oakland residents should know, is the default type of bankruptcy. Read on to learn more.

A trustee is usually appointed when the court receives a bankruptcy petition. This is usually a legal or financial expert with a lot of experience handling similar cases. The trustee is tasked with carrying out due diligence to ensure the debtor truly qualifies for this option. If not, they will recommend the most suitable option.

If you do not have a considerable income or a large estate, this option is perfect for you. This is because you have little to lose and your income may not be enough to qualify you for other bankruptcy options. Once the bankruptcy process is over, you will be free to start life afresh, and free of debt.

Bankruptcy has a number of consequences that debtors should know about. First, this legal process will be a matter of public knowledge, so anyone can easily learn about the status of the debtor. This might make life challenging for the consumer as they will not be able to access affordable bank loans.

It is crucial to note that once bankruptcy has been granted, it will appear on the credit report of the debtor for many years. This means that it will be difficult for the debtor to rent a house or get a job that requires them to be financially prudent. As a result, their life may change considerably.

It is important to note that the court can reject a bankruptcy application for one reason or another. For instance, if the debtor has enough money to service their debts, but files for liquidation, the court may reject the application or grant bankruptcy under a different chapter. This is because there are people who may want to abuse the process. For instance, there are those with considerable incomes, but few assets. When they seek liquidation, creditors will get peanuts, so debt reorganization may be recommended.

Both individual and business debtors can use this bankruptcy option to get rid of their debt. While Chapters 13 and 11 are usually the first options to be considered by individuals and businesses respectively, chapter 7 is the default option. If the debtor fails to honor the terms and conditions specified under the agreement, their assets will be liquidated.

The beauty of declaring bankruptcy is that you get peace of mind in that creditors will not be able to contact you in the future or take any further action to recover their funds. Furthermore, any penalties that creditors might have been adding to your outstanding balance will be stopped, thereby stopping your debt from increasing any further. In addition to that, creditors have to accept whatever payment they are given by the trustee, no matter how little it may be. Since the law provides for exemptions, you might get a chance to retain your car.




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