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Kamis, 30 Agustus 2018

Filing For Bankruptcy Oakland CA

By Edward Price


When thinking about filing for bankruptcy, there are several things that you need to consider. First, however, you need to know the consequences of your actions. Hiring a competent lawyer will help to ensure that you understand exactly what you are getting yourself into. Therefore, consumers should never make a decision before consulting a competent lawyer. Read on to learn more about bankruptcy Oakland.

Chapter 7 is the most common option for people and businesses that are not able to settle their debts. This is because almost any debtor can qualify for this option. All you need to prove is that you have qualifying debts that you cannot service due to lack of income or due to an unreliable income.

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 is a bankruptcy option for individual consumers. It entails reorganization of debts. The debtor is only required to show that they have a reliable source of income and qualifying debts they are unable to service under existing terms and conditions. The debtor will also have to come up with a payment plan to service their debts under improved terms and conditions. At the end of the process, unpaid debts will be written off.

It is always a good idea to hire an attorney to offer advice and guidance throughout the proceedings. Your lawyer will also help you with the paperwork, which will make your work much easier. To get the best legal services, be sure to spend time comparing the reputation, experience and fees charged by different lawyers operating in the city. This will help you make a well-informed decision.

After becoming bankrupt, there are several things that you should expect. The first is that your credit will be tainted. This means that you will not be able to get affordable loans from mainstream lenders. You will also be unable to secure a better-paying job. Renting a house or car will also become a huge challenge for you.

There are several types of debts that can never be written off no matter what. The first is spousal support. If you are divorced, and paying spousal support, you will have to continue making these payments. The second is child support. If you lost custody of your child, and the court ordered you to pay child support, you will have to continue making these payments. Student loans cannot also be forgiven.

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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