Tuesday 27 June 2017

Guide To Filing A Chapter 7 Oakland CA

By Arthur Walker


If you ever find yourself deeply in debt, you should take your time to ponder over the options at your disposal. You can seek debt counseling and consolidate your debt. If this does not work, however, you will have to file for bankruptcy. While this may not be the best option, it may be the only one you can use to get rid of your debt. A chapter 7 Oakland CA residents should know, is a type of bankruptcy that provides for liquidation of assets to offset the debts owed by the debtor.

There are two bankruptcy chapters that consumers can file whenever they experience financial hardships. These are chapters 7 and 13. While the former provides for auctioning of assets to pay off debts, the latter provides for restructuring of debts. Choosing the right type of bankruptcy will determine how well you get out of the debt situation.

To qualify for this bankruptcy option, you must be an adult with personal debts that you have defaulted on. Your income must also be either low or unreliable. You must also have assets that can be sold to recover funds to pay off your debts.

The trustee is the most important person in a bankruptcy process. This is because they are appointed by the court to ensure that bankruptcy applicants qualify for the chapter they have applied for. They also go through the finances of the debtor to ensure that there are no signs of fraud. The trustee is also the one who will organize the auction and communicate with creditors.

In many cases, the proceeds of the auction conducted by the trustee is never enough to settle the entire debt. Once the funds have been distributed among the creditors, however, the unpaid debt is written off. Afterwards, the bankrupt consumer becomes debt-free.

In a chapter 7 bankruptcy, the funds recovered from the liquidation of assets are normally used to pay court fees and taxes. The balance is distributed to creditors based on their portion of the total debt in question. The unpaid debts are then written off. The trustee must not be biased. Their duty is to ensure the law is followed to the letter.

All bankruptcy options come with a number of shortcomings or negative effects that consumers should be aware of before they file the necessary paperwork. One of those adverse effects is damage to your credit rating. Since the bankruptcy will appear on you credit report for many years, you will not be able to access affordable loans or rent a decent house. Renting a car or getting a decent-paying job will also be difficult. Unfortunately, the bankruptcy entry will appear on you credit report for a number of years, so it can change your life significantly.

Hiring a bankruptcy lawyer is recommended when you want to seek bankruptcy protections. This is because the trustee may overlook some of your rights, so your attorney will ensure that your rights are upheld. The lawyer will also advise you accordingly throughout the process. A key factor to consider during the search for a suitable lawyer is experience. Reputation in the industry is also a key factor of consideration.




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