Tuesday, June 6, 2017

Filing A Chapter 13 Oakland CA

By Stephanie Price


There are many bankruptcy options that consumers can use to get rid of their debts. While businesses can declare bankruptcy under chapters 7 or 11, individual debtors can do so under chapter 7 and 13. Since the former calls for liquidation of assets, and most people do not want to lose their valuables, the latter is usually the preferred option. When filing a chapter 13 Oakland residents should take their time to learn more about the process to ensure they know exactly what they are getting 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.

There are many benefits that both the debtor and creditor can draw from this bankruptcy option. The first is that creditors get to recover more of their funds. On the other hand, debtors retains their property and avoid the embarrassment of having their personal belongings auctioned in public.

The first step in this process is drafting of the repayment plan by the debtor. The second step is presentation of the plan to creditors and the court. The last step is approval of the plan by the court, after which the debtor must honor the terms.

Once the terms of the repayment plan have been set, and the monthly payments determined, you should never default because the consequences are quite severe. Usually, the trustee will move in the moment you default and start liquidating your assets under chapter 7 bankruptcy. Therefore, you should make the necessary financial arrangements to ensure you do not default.

The monthly payments approved by the court under this bankruptcy option must be sent to the trustee, not directly to creditors. This is because the relationship between the creditor and debtor ceases to exist the moment the debtor is declared bankrupt. Any direct communication will be considered illegal and actionable in court.

While this option may be great for debtors, it comes with several disadvantages. First, the debtor will be listed as a bankrupt consumer, and this will appear on their credit report. Anyone who runs a credit check on the debtor will learn about their bankrupt state. This will make it hard for the debtor to get a better job, rent a better house or lease a car. Getting cheap loans will also be easy.

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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