What To Know About Chapter 13 Oakland CA

djamal-soft الأربعاء، 7 يونيو 2017
By Stephanie Price


There are many bankruptcy options that consumers can use to get rid of their debts. While businesses can declare bankruptcy under chapters 7 or 11, individual debtors can do so under chapter 7 and 13. Since the former calls for liquidation of assets, and most people do not want to lose their valuables, the latter is usually the preferred option. When filing a chapter 13 Oakland residents should take their time to learn more about the process to ensure they know exactly what they are getting themselves into.

This option basically provides for reorganization of debt. Your total eligible debts are computed and a plan drafted on how the debt will be repaid. This is a better option than having your assets sold to pay off your debts. The beauty of this bankruptcy option is that the payments are usually convenient and based on what you can afford, not the size of your debt.

There are many benefits that both the debtor and creditor can draw from this bankruptcy option. The first is that creditors get to recover more of their funds. On the other hand, debtors retains their property and avoid the embarrassment of having their personal belongings auctioned in public.

The first step in this process is drafting of the repayment plan by the debtor. The second step is presentation of the plan to creditors and the court. The last step is approval of the plan by the court, after which the debtor must honor the terms.

It is important to note that while debtors get a chance to reorganize their debts under this legal option, any default will lead to automatic liquidation under Chapter 7. Therefore, sticking to the agreed terms and conditions is absolutely crucial. Ideally, debtors should hire a competent lawyer to guide them throughout the entire process.

Once you are declared bankrupt, any communication or payments you make must be made through the trustee. This is because creditors will be barred from having any sort of communication with you. If they do, you can report them in court and action will be taken against them. This is one of the main advantages of becoming bankrupt as creditors will no longer be able to bother you.

While this option may be great for debtors, it comes with several disadvantages. First, the debtor will be listed as a bankrupt consumer, and this will appear on their credit report. Anyone who runs a credit check on the debtor will learn about their bankrupt state. This will make it hard for the debtor to get a better job, rent a better house or lease a car. Getting cheap loans will also be easy.

Remember to pay attention to the type of lawyer you want to hire. First, you need to hire an experienced attorney who knows everything there is to know about bankruptcy laws. Working with reputable lawyers is also highly recommended. You want to work with a respected lawyer who is highly respected by peers as well as the media and the public in general. This is important as it will improve your chances of getting the desired outcome.




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