Wednesday, August 29, 2018

Filing For Bankruptcy Oakland CA

By Edward Price


When you have decided that you are not able to pay your debts, it is important you look for a competent lawyer to help you explore all your options. For instance, you can become bankrupt to get rid of your debt. Bankruptcy Oakland residents should know, is not always the best option, so consumers need to consider all the available options to ensure they can make an informed decision.

One of the most common options for businesses and individual debtors is chapter 7. To qualify for this option, there is only one requirement that debtors will be required to satisfy. You must prove that you do not have a reliable income to be able to service your debts. Usually, assets belonging to the debtor are liquidated to offset their credit accounts. The liquidation is usually done through a public auction, which can be embarrassing for the debtor and their family.

Chapter is only for businesses and corporate debtors. It basically entails reorganization of business debts. The management will be tasked with creating a payment plan for their debts. A trustee will be appointed to oversee the management of the business. After a few years, the business debts of the firm will be written off. This option is instrumental in keeping businesses afloat even as they grapple with the burden of debt.

Chapter 13 was designed specifically for individual consumers. It basically entails debt reorganization. You will be asked to come up with a payment plan to service your debts. If the plan is approved, you will get a chance to retain all your assets as you continue to make small monthly payments to offset a portion of your debts. It is important to note that if you default on this plan, your assets will be liquidated under chapter 7.

It is always a good idea to work with a competent lawyer throughout the entire process. This is crucial because you need legal jargon defined. You will also need advice throughout the process. Obviously, you will need help with the paperwork. That is why you should hire a competent lawyer to help you out.

Once you have become bankrupt, you can expect a number of changes to occur in your life. For starters, you will not be able to qualify for cheap credit. You will also not be able to get a better job, rent a house or car. Your reputation may also be tainted significantly.

There are many debts that cannot be written off. The first is student loan debts. If you have a lot of student loans, you will have to continue servicing them. Child support must also be paid unless the family court makes amendments to the divorce settlement agreement. Spousal support must also be paid in full without delays. Therefore, you should know what kind of debt forgiveness you are going to get before you decide to become bankrupt.

Chapter 7 is simply liquidation of non-exempt assets belonging to the debtor. In case of a business, chapter 7 will lead to winding up of the business because everything will be sold. For individual debtors, the public auction used for liquidating assets can be embarrassing for the entire family.




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