Filing A Chapter 7 Oakland, CA

djamal-soft الخميس، 12 أبريل 2018
By Henry Wagner


If you own a business that is not able to service its debts accordingly, you can use bankruptcy to resolve your debts. Similarly, if your personal income is not able to service your personal debt, you should file for chapter 7 Oakland to get debt forgiveness. Bankruptcy is not always the best option, but it is often the only option that debtors have for resolving their bad debts.

With this type of bankruptcy, anyone with a lot of bad debt, whether a corporate entity or individual consumer, can seek legal protections. In fact, this is the bankruptcy option with the least requirements as the debtor only needs to prove that they do not have any meaningful income to qualify.

Usually, all non-exempt assets belonging to the debtor are sold in a public auction to recover funds to pay off their debts. The value of the assets does not matter provided the debtor does not have a meaningful income to service their debts. While individual debtors may be able to recover after the auction, businesses have to close shop after the liquidation as they will have nothing to conduct business with.

Individuals with a lot of bad debt, but no income to service it will come to realize that this option is perfect for them. However, the debt forgiveness they will get comes at a cost as they will be listed by credit reporting bureaus as bankrupt consumers. This will have an adverse effect on their life.

Any debtor with a regular monthly income cannot qualify for this option, unless they have considerable assets that can be sold. This is because the trustee will recommend debt restructuring under chapter 11, for corporate entities and businesses, or chapter 13, for individuals. After all, creditors stand to recover more of their debt through regular monthly payments than liquidation of assets belonging to the debtor.

Once you have been declared bankrupt, your credit rating will take a dip. This is because your credit report will show that you are currently bankrupt. The entry will remain on your report for several years. This means that you may not be able to access affordable loans for some time. You will also not be able to get certain jobs or even a promotion at work.

During the liquidation process in a chapter 7, the assets of the applicant are usually disposed of through a public auction, which is usually well-publicized. This means that the reputation of the debtor will be adversely affected. This will also have a negative effect on the family, so be sure to keep this in mind when seeking debt forgiveness.

A trustee is usually appointed by the court to oversee the entire bankruptcy process. The trustee will take stock of all non-exempt assets, set a date for the auction, sell the items in question and distribute the proceeds of the sale accordingly. Please note that the trustee is usually a neutral party.

It is interesting to note that there are certain debts that cannot be written off when a person becomes bankrupt. This includes child support back payments, spousal support, student loans and taxes among others. Therefore, debtors should keep this in mind when seeking to become bankrupt.




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