Wednesday 29 August 2018

Guide To Filing For Bankruptcy CA

By Sandra Baker


There are many reasons why a person may want to become bankrupt. For starters, they may want to get the protection of the court from creditors. Secondly, they may need a legal solution to their debt problem. In care of foreclosure, someone can file for bankruptcy to stop the foreclosure process. Whatever the reason, it is always recommended you hire a competent lawyer to help you out with bankruptcy CA.

A person or business can become bankrupt involuntarily or voluntarily. If your debts have become too much of a burden and creditors have been bothering you, the best option is to approach the court voluntarily to get legal protections. If creditors want to compel you to pay your debts, they can approach the court and seek to have you declared bankrupt involuntarily.

The best option for individual debtors to get legal protections from creditors is chapter 13. To become bankrupt under this chapter, you must have a reliable income. You must also have unsecured personal debts exceeding the legal thresholds. Once you have been declared bankrupt, you will be expected to make monthly payments to the trustee without failing.

The default bankruptcy option is chapter 7. This is because both individuals and businesses can qualify. In addition to that, any bankrupt debtor, under chapter 11 or 13, that defaults on the payment plan can be declared bankrupt under this chapter. This will allow the trustee to start liquidating their assets to recover funds to pay off their debts. To avoid chapter 7, you will have to honor the terms and conditions of your repayment plan.

The most competent lawyers are usually those that have a lot of industry experience. For this reason, you need to start by creating a shortlist of lawyers that have been in the industry for many years and have handled dozens of similar cases. This will help to ensure you get quality services.

In case you have a lot of bad business debts, you should consider having your business declared bankrupt under chapter 11. This option is only meant for businesses, so individual debtors cannot qualify. Only businesses with a reliable income source can qualify. After becoming bankrupt, the business will be managed under the supervision of the court-appointed trustee.

Borrowing money from banks and other mainstream lenders when you are bankrupt will not be an option. Since your credit report will show that you are bankrupt for many years, you will have to make due with high interest loans for many years. This can have an adverse effect on your life. In addition to that, renting a house, car or boat will also become a challenge as nobody ever wants to associate with financially irresponsible consumers.

Bankruptcy is always an option of last resort. When you find yourself in financial problems, be sure to consider debt consolidation and debt refinancing before you think about becoming bankrupt. These are better options for getting rid of your debts. However, they can only work if the debts you have are sustainable.




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