Tuesday, June 6, 2017

What To Consider Before Filing A Chapter 7 Oakland CA

By Michael Olson


Most people live their lives with debt, which is not bad. When the amount of debt accumulated by a single person becomes unsustainable, however, they may start experiencing financial problems. If the income earned by the debtor is not enough to service those debts, the only option might be to renegotiate the debt or declare bankruptcy. Chapter 7 Oakland residents should know, is the default type of bankruptcy. Read on to learn more.

The first thing the court will do after receiving the bankruptcy petition is to appoint a trustee to handle the case. The trustee will be responsible for liquidating the assets belonging to the debtor. They will also be tasked with forwarding the proceeds of the sale to creditors. Taxes and court fees will also be covered by the proceeds.

If you do not have a considerable income or a large estate, this option is perfect for you. This is because you have little to lose and your income may not be enough to qualify you for other bankruptcy options. Once the bankruptcy process is over, you will be free to start life afresh, and free of debt.

Bankruptcy has a number of consequences that debtors should know about. First, this legal process will be a matter of public knowledge, so anyone can easily learn about the status of the debtor. This might make life challenging for the consumer as they will not be able to access affordable bank loans.

It is crucial to note that once bankruptcy has been granted, it will appear on the credit report of the debtor for many years. This means that it will be difficult for the debtor to rent a house or get a job that requires them to be financially prudent. As a result, their life may change considerably.

It is important to note that the court can reject a bankruptcy application for one reason or another. For instance, if the debtor has enough money to service their debts, but files for liquidation, the court may reject the application or grant bankruptcy under a different chapter. This is because there are people who may want to abuse the process. For instance, there are those with considerable incomes, but few assets. When they seek liquidation, creditors will get peanuts, so debt reorganization may be recommended.

One important thing that consumers should know when filing for bankruptcy under this option is that both individual consumers and businesses can qualify. It is commonly referred to as the default form of bankruptcy. If the debtor defaults on chapters 11 or 13, this option will come into effect automatically.

While bankruptcy has some serious consequences, it also has some major benefits for the debtor. The first is peace of mind. After all, their debts will be forgiven after paying a few pennies for every dollar they owe. Secondly, any debt that is not settled will be written off. This means you can become debt free without paying even half of your outstanding debts. Thirdly, the bankruptcy proceedings effectively stops creditors from adding penalties and more interest to your debt. This means your debt will not continue to mushroom any further.




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