Tuesday 26 April 2016

Before Filing In Terms Of Chapter 7 Monterey Residents Should Explore All Options

By Edward Williams


Topsy turvy financial markets, crumbling banks and unfavourable financial markets have seen to it that many people suddenly find themselves in financial trouble. Others end up in dire straits because they fail to budget or enter into debt agreements without thinking things through. Whatever the reason, more and more people are filing for bankruptcy. In terms of Chapter 7 Monterey residents can appeal to the courts for help.

Nobody should ever suffer from the misconception that bankruptcy is an easy way to get rid of financial obligations. This is simply not the case. The courts will not entertain applications without performing a means test and they will make sure that there are no alternatives to bankruptcy. Applicants should also remember that the process can be humiliating and very stressful.

There are alternatives to bankruptcy. Those is financial dire straits should never ignore their problems. Instead, the should communicate with their creditors. In many cases it is possible to make arrangements for a new schedule of payments. There are even cases where the courts can be approached to order revised payment schedules. Bankruptcy should really be the very last resort because the consequences of such an order can haunt applicants for years.

Once a decision has been made to file for bankruptcy, applicants are required to prepare thorough schedules and statements of financial affairs. This process van be onerous and time consuming. Applicants have to list each source of income, every single creditor and their correct contact details and details of other financial obligations. Each an every asset has to be declared too. Applicants that are not honest can be charged with perjury.

Once the court is satisfied that there are grounds for an application, a trustee is appointed. The trustee has wide decision making powers. If the applicant is a business, the trustee will evaluate the situation and decide whether the business will be sold as an operating concern or whether its assets will be stripped and sold on an open auction. In the case of individual applicant, all assets will be seized and sold in order to reimburse the creditors.

At the end of the entire process the applicant will be issued with a discharge. No creditor will be able to take action against him again and no new claims may be made upon him. However, certain obligations, such as taxes due, child support payments and maintenance will never disappear. Debt on contracts that were covered by collateral will also be excluded from the discharge order.

Financial experts agree that it is best to rather hire the services of an experienced bankruptcy lawyer than trying to deal with the issue personally. The laws are complex and the process is stressful. A lawyer can help his clients to limit the consequences of a bankruptcy order. Applicants should not be under any misconception that the results of a bankruptcy order can be devastating indeed.

Bankruptcy laws are there for a very good reason. They are not there to help irresponsible people to escape from their financial obligations. Rather, they are in place to help those that inadvertently landed in severe financial problems to honour their debts and to give them a chance to start from scratch.




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