Wednesday 12 September 2018

All About Filing A Chapter 13 Monterey

By Kevin Young


When you find yourself deep in personal debt that you have defaulted on, you can always file for bankruptcy. However, this should only be looked at as a viable option after all other options have failed. Other options include; debt refinancing and debt consolidation. A chapter 13 Monterey residents should know is a type of personal bankruptcy that allows the debtor to retain all their assets.

This option has been designed specifically with individual consumers in mind. However, applicants must prove that they have bad debts that have met the minimum threshold. They must also prove that they are able to afford to pay some money every month towards offsetting of their debts.

There are many types of debts that can never be forgiven through bankruptcy. The first is student loans. The second is taxes. Thirdly, child support and spousal support debt must be paid no matter what. Therefore, you should look at your debts and decide whether or not filing bankruptcy will make sense.

It is important to note that bankruptcy can turn your life upside down. Therefore, you should take your time to consider all the other available options before choosing to become bankrupt. When you are bankrupt, lenders will turn down all your loan applications for several years. Getting a promotion at work or getting a better job will also be hard. In fact, there are some professions that require the incumbent not to be bankrupt, so you may lose your job if you hold such a job.

With this type of bankruptcy, the debtor gets to retain all their assets as there is no liquidation to pay off loans. This is good news for debtors. However, the debtor has to honor the repayment plan approved by the court. Otherwise, their assets will have to be liquidated because the trustee will initiate chapter 7 proceedings after the default.

It takes several years to get rid of bankruptcy from your credit report and other public records. This means that the moment you decide to file for bankruptcy, your life may take a turn for the worst as getting a better job, promotion or affordable credit will be next to impossible. That said, bankruptcy will damage your reputation, so you need to be sure that this is the only available option before signing the necessary paperwork.

The beauty of this bankruptcy option is that the monthly payments you will pay are usually based on your disposable income. If you can only afford to spare $200 a month, that is what will be use to offset your debts, even if your total debt is over a hundred thousand dollars. After the bankruptcy period, all unpaid debts will be forgiven.

It is always recommended you hire a bankruptcy lawyer when planning to declare bankruptcy. This is crucial because experienced lawyers know how to get the desired results for clients. Therefore, you should compare the experiences of the bankruptcy lawyers working in Monterey and give preference to the most experienced bankruptcy lawyers in the city. Fortunately, there are many of them, so you will not have a difficult time identifying the right one for your needs.




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