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الاثنين، 5 يونيو 2017

Filing Bankruptcy Under Chapter 7 Oakland CA

By Michael Olson


There are many types of bankruptcies, but individual consumers can only qualify for chapters 7 and 13. The former calls for liquidation of assets to pay off debts while the latter calls for debt reorganization. If you have made the unfortunate mistake of accumulating unsustainable levels of debt, it may be a great idea to start thinking of ways to offset your debts. After all, the burden of debt can weigh you down and make life harder for you. Chapter 7 Oakland CA residents should know, is a great option for ridding themselves of debt.

In this bankruptcy option, the court appoints a trustee whose job is to identify all the assets owned by the debtor and set a date for an auction to sell all the non-exempt items. At the end of the auction, the proceeds of the sale are used to pay taxes and court fees. The remaining amount is then distributed among all the creditors.

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.

Once you have filed the required paperwork with an Oakland, CA, bankruptcy court, you can expect to get a number of legal protections. The first one is that creditors will be barred from taking any action to recover their debts. For instance, they will be barred from communicating with you in any way or adding penalties to the outstanding debts. Furthermore, any money that is unpaid after the proceeds of the auction have been distributed will be forgiven. This means the debtor can become debt-free in a convenient way.




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