Saturday, June 10, 2017

Filing A Chapter 13 Oakland CA

By Stephanie Price


Getting rid of your debt is a difficult process. You have to make sacrifices to ensure you have more money to spare for paying off your debts. If your debts have become unsustainable, you may want to consider declaring bankruptcy under chapters 7, 11 or 13, depending on your situation. If you are a business debtor, chapters 7 and 11 would be the only options at your disposal. If you are an individual consumer, however, chapters 7 and 13 would be your two options. When filing a chapter 13 Oakland CA residents should do a little bit of research to learn more about what they are about to get themselves into.

This bankruptcy option is basically debt reorganization. It simply requires the debtor to make monthly payments to offset their debts as opposed to having their property sold. The payments are usually fixed throughout the bankruptcy period. Once this period lapses, all unpaid debts are written off.

This option has many benefits for both creditors and debtors. Creditors benefit in that they get more money from the regular payments than they would through liquidation. On the other hand, debtors get to retain all their assets and keep their financial problems private.

After filing the necessary paperwork in court, the debtor will be ordered to draft a plan on how they plan to repay their debt. In that plan, they must state both their monthly income and expenses as well as how much they are able to spare for debt repayment. Once the plan has been approved by both creditors and the court, the debtor only needs to meet the terms and conditions to have their debts settled.

It is important to note that while debtors get a chance to reorganize their debts under this legal option, any default will lead to automatic liquidation under Chapter 7. Therefore, sticking to the agreed terms and conditions is absolutely crucial. Ideally, debtors should hire a competent lawyer to guide them throughout the entire process.

Before declaring you bankrupt, the court will require you to provide creditors with your repayment plan. If reasonable, the court will approve it. That is when the relationship between creditors and the debtor will end. Any communication between the two parties will be handled by the trustee. If creditors attempt to make any communication, action can be taken against them.

There are some disadvantages of filing bankruptcy that you should know about before you file the necessary paperwork. First of all, you will be listed on public records as a bankrupt consumer. This will be a huge blow because you will not be able to access affordable loans, rent a decent home or get a better job. Furthermore, neighbors may learn about your situation and look at you differently. These are some of the things you should know about.

When searching for a bankruptcy lawyer in Oakland CA, it is important you pay attention to their experience. The number of cases as well as the number of years a lawyer has been in business should be strongly considered. Be sure to also do some research on the reputation of a lawyer before hiring them. Reputation is a crucial factor to consider as you want to work with a respected lawyer to improve your chances of getting the desired outcome from the case.




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