Friday 23 June 2017

Guide To Filing A Chapter 13 Oakland CA

By Elizabeth Turner


When you find yourself with a lot of bad debt, your best option for getting rid of them is bankruptcy. By declaring bankruptcy, you will be able to have the debt situation resolved and your slate wiped clean. However, it is crucial you hire the right attorney to help you throughout the process. After all, there are many bankruptcy chapters, and you may not necessarily know the one that is best suited for your case. A chapter 13 Oakland CA residents should know, is usually the best option for debtors who have a reliable income source.

This option provides for restructuring of debt to resolve the debt problem reported by individual consumers. Basically, all qualifying debts are listed alongside the monthly income of the debtor. To have their debts written off, applicants only need to make monthly payments for a couple of years.

One major advantage of this option is that the debtor is the one who decides what they are going to pay every month after taking into consideration their income and expenses. However, creditors will require the debtor to justify the repayment plan. They must also vote on the plan based on their share of the debt. However, the judge is the one who has the final say.

Since assets are not liquidated in the process, this chapter is incredibly popular with high net worth individuals. This is because it saves them from the embarrassment of losing their property. It is also much more discrete.

It is important for debtors to hire the most competent bankruptcy attorneys to help them out whenever they have accumulated too much debt. This is because there are a number of legal options that can help them deal with their debt. Bankruptcy is just the last option. Due to the legal consequences of bankruptcy, consumers should be careful when filing their paperwork.

Some debts can never be written off whether you are bankrupt or not. These include; child support payments, spousal support payments, student loans and taxes. These debts must be settled even if you are declared bankrupt. You should know this before hand because many people have made the mistake of assuming that their student loan debts will also be written off.

After coming up with a reasonable repayment plan, the debtor will be required to present it to creditors, who have the right to ask questions. Once the presentation is over, the plan must be voted on by creditors based on their fraction of the total debt. The judge will take the votes into consideration before approving the plan.

Like all other forms of bankruptcy, this option comes with a number of negative effects. For one, the debtor will be blacklisted by lenders. The bankruptcy will also appear on their credit report for a number of years. This means that any person who runs a credit check on the debtor will learn about the bankruptcy. This includes, lenders, employers, car hire firms and landlords among others. This can make life more difficult for the debtor. The good news is that they will get a chance to start life afresh.




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