Monday, April 25, 2016

Before Filing For Chapter 7 Monterey Citizens Should Think Very Carefully

By Edward Williams


Topsy turvy financial markets, crumbling banks and unfavourable financial markets have seen to it that many people suddenly find themselves in financial trouble. Others end up in dire straits because they fail to budget or enter into debt agreements without thinking things through. Whatever the reason, more and more people are filing for bankruptcy. In terms of Chapter 7 Monterey residents can appeal to the courts for help.

It is a common mistake to think that bankruptcy is an easy solution for financial troubles. It is all but that. It is a stressful process and applicants will have to live with the consequences for many years. Also, courts are not inclined to grant bankruptcy orders without performing a means test and evaluating the circumstances of the applicant in great detail. Citizens are expected to honour their obligations.

There are alternatives to bankruptcy. Those is financial dire straits should never ignore their problems. Instead, the should communicate with their creditors. In many cases it is possible to make arrangements for a new schedule of payments. There are even cases where the courts can be approached to order revised payment schedules. Bankruptcy should really be the very last resort because the consequences of such an order can haunt applicants for years.

If an applicant does decide to file for bankruptcy he should be ready for an ordeal. His application will have to be detailed. It must contain details about every single creditor, sources of income, assets, possessions and other obligations. Any omissions can be seen as perjury. The application will be scrutinized and the court needs to be satisfied that the applicant is truly in dire straits.

The next step is the appointment of an independent trustee. His task is to look after the interests of creditors, not those of the applicant. In cases where the applicant is a business entity, the trustee may decide to sell the business as a going concern or to simply sells its assets. In the case of private individuals, all assets that are not exempted by law is sold on open auction and the income thus generated is distributed.

After all possible steps have been taken to satisfy the demands of the creditors, the court will issue a discharge. This order will prevent creditors from making further demands upon the applicant. However, applicants do not walk away scot free. They still have to honour obligations incurred on assets that were purchased based on collateral, taxes and other obligations such as maintenance payments and child support.

Financial experts agree that it is best to rather hire the services of an experienced bankruptcy lawyer than trying to deal with the issue personally. The laws are complex and the process is stressful. A lawyer can help his clients to limit the consequences of a bankruptcy order. Applicants should not be under any misconception that the results of a bankruptcy order can be devastating indeed.

Financial problems can be devastating and debilitating. Bankruptcy is most certainly not the only option but if there are no other avenues to follow, it can provide relief for those that really need it. It is not an easy way out of trouble, but for certain people it can be a way to start again from scratch.




About the Author:



No comments:

Post a Comment