Wednesday 26 June 2019

When Filing For Chapter 11 Bankruptcy Salinas Applicants Are Desperate

By Dennis Patterson


Experiencing severe financial difficulties can be extremely stressful. When every phone call or letter seems to be a demand for payment many people simply do not know where to turn. They end up in this situation because they lost their jobs or they had serious unexpected expenses. Sometimes they are just plain irresponsible. When realizing that they cannot cope any longer, many consider applying for insolvency. However, when asking the court for a Chapter 11 bankruptcy Salinas residents should know that they are in for a rough time.

Many applicants think that being made insolvent will free them from all their financial problems. They cannot be more wrong. Being declared insolvent is a very serious step and the courts are extremely careful in these cases. They need to be sure that applicants are indeed in dire straits and to this end they always insist upon a means test to ensure that the applicant is in genuine financial distress.

Insolvency is not a solution to financial troubles. It is a serious step that may have detrimental consequences for applicants lasting many years. It should always be the absolutely final resort when every other option has been exhausted. Those in trouble should try other remedies first, such as being honest with their creditors and by asking them to agree to lower monthly premiums over a longer payment period.

The process by which applications for insolvency is handled almost always involves humiliation and tremendous stress. The applicant has to submit to financial scrutiny and an inventory of all his assets must be handed to the court. His lifestyle will be examined and he may have to explain his expenditure and general financial management. This process takes time.

If the court agrees to hear an application, it will immediately appoint a trustee. The job of this trustee is to do everything possible to raise the money demanded by the creditors of the applicant. To this end he may confiscate all the assets of the applicant and sell them on an open auction. All the money thus raised will be distributed among the creditors.

Only when the trustee informs the court that he has done all that he can to pay the creditors of the applicant will a final discharge order be granted. This means that creditors will no longer be able to make any financial demands upon the applicant but it does not mean that the applicant is freed from all debt. Secured loans, taxes and spouse of child support payments still have to be honored.

People in grave financial trouble often end up that way because they did not act in good time. At the first sign of trouble professional help should be sought. Ignoring these problems will certainly not help. Financial experts can help their clients to implement comprehensive debt relief programs that will not force them to go through the humiliation of insolvency.

Bankruptcy is most definitely not an easy way out of debt. It has serious and sometimes devastating long term consequences for the applicant as well as his loved ones. Insolvent people struggle to find financing and it may take them years to recover financially after losing all their assets.




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