الأحد، 4 سبتمبر 2016

All About Filing A Chapter 13 Monterey

By George Nelson


Consumers have a variety of options when it comes to dealing with their debt. One of the options at their disposal is declaring bankruptcy. There are many types of bankruptcy, but chapters 7 and 13 are the most popular with individual debtors. Before declaring bankruptcy under any of these chapters, consumers are advised to familiarize themselves with the benefits and repercussions of becoming bankrupt. Read on to learn more about Chapter 13 Monterey.

Chapter thirteen entails consolidation and restructuring of the debts in question as opposed to liquidation. Debtors are usually only required to make monthly payments to the trustee over a specified period. Once this period lapses, all unpaid debts are written off. As a result, the applicant gets to keep all assets while their debts are written off.

It is important to note that while this option allows debtors to keep their assets, defaulting on payments will lead to automatic liquidation of assets. The bankruptcy trustee will automatically liquidate the non exempt assets of the consumer and recover funds to offset their debts. It is, therefore, in the best interest of the applicant to make regular payments as expected to the trustee.

In this bankruptcy option, the debtor is required to formulate a plan to pay off their debts. They are required to list their total monthly income and expenses as well as the proposed monthly installments. The installment will be based on what the debtor is able to afford, and not what they owe. The repayment plan must then be presented to creditors and approved by the court.

It is important to note that some people do not qualify for this option. For instance, if you have a number of valuable assets and a low monthly income, liquidation may be seen as a better option. This is because chapter 13 is only available to individual consumers who have a considerable monthly income and few valuable assets.

The plan proposed by the consumer must be presented to creditors in a meeting arranged by the trustee. The consumer will be required to answer questions regarding the plan before creditors vote on it. It is important to note, however, that the court has the last say regarding the plan, so it can still be approved after creditors reject it.

Once the debtor has been declared bankrupt under this legal provision, creditors will be required not to communicate with the debtor in any way. This means no phone calls, emails, faxes or house visits by creditors or their collection agents. Furthermore, the monthly payments will be forwarded to the trustee, who will disburse the payments to creditors according to their fraction of debt and order of priority.

Compared to other available options, this option has more benefits. For one, it allows consumers to retain all their assets since there is no liquidation. Secondly, it allows debtors to continue living their life normally without any bad debt. Thirdly, it provides creditors with a legal option for recovering most of their debts and writing off what they do not recover in a legal way. This will entitle them to a tax deduction, which ensures the written off debt does not affect their bottom line.




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