Thursday, June 20, 2019

When Considering A Chapter 11 Bankruptcy Salinas Courts Apply Stringent Criteria

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.

It is a common misconception that insolvency is a quick way in which to deal with overwhelming debt. This is most definitely not the case. Applications for insolvency are not accepted by the courts before they have made very sure that the applicant truly does not have the means to honor his obligations. To this end a means test is applied. Stringent criteria are applied during this process.

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.

Once a decision is made to make an application for insolvency, it is important to realize that the process is drawn out, extremely stressful and even humiliating. Applicants will have to submit to the intensive and exhaustive scrutiny of the courts, they will have to submit an inventory of all their assets and they will have to explain all expenditure deemed unnecessary or luxurious.

When the court finally accepts an application it rapidly appoints a trustee to manage the process. The trustee is not there to assist the applicant. Instead, he is there to see to it that the demands of the creditors are honoured. He will therefore seize the assets of the applicant and sell them. The money earned will be distributed to the creditors. The applicant will be left with only the bare essentials necessary to survive.

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 not an easy way out of financial trouble. Bankrupt individuals will struggle to enter into any financial agreement and they will not qualify for any form of financing. It may take many years to recover from the loss of all the assets and loved ones will suffer in the process.




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