An Overview Of Chapter 7 Monterey

By Brenda Bell


By simply using chapter 7 it becomes possible for the trustee to actually cancel all the debts which you might be charged with. It is also possible for the trustee to liquidate a portion of your property so as cover some of your debts. Chapter 7 bankruptcy is also commonly known as liquidation or straight bankruptcy. Here is an overview of Chapter 7 Monterey with regards to an individual who is actually eligible in filing, the documents required in this process, how this process work and what are some of the expectations of both your debts together with your time.

The income criteria which is basically recognized by bankruptcy law decides the debtors who are qualified of filing a liquidation bankruptcy. For an individual to qualify with regards to the income criteria, then the debtors income should actually be equal to or probably fall below the average of the debtors state.

You will definitely realize that each state has its own guidelines with regards to income. But in the instances where the debtors income may be above the average required the court usually demands the debtor to take what is known as means test with an aim of establishing eligibility of liquidation bankruptcy.

This also implies that this kind of test is basically meant to inhibit the filers who have the ability of being able to repay creditors from discharging such arrears. This therefore implies that this kind of test is used to assess the debtors arrears plus the income from the previous six months.

This is meant to prevent those temporary creditors from legally emptying your bank account, grabbing your wages or even going after your property like your car or even your house. By simply filing chapter 7, then it implies that an individual is basically placing his property together with the debts he owes in the court hands.

It is also important for the filer to attend credit counseling before one becomes ready to file a liquidation bankruptcy case. Once an individual has finished the sessions of counseling then it is argued that the debtor becomes completely ready to file such a case. The debtor is expected to reveal all information relating their income, debt, a list of all assets exempted, plus the creditors holds which includes both the secured plus the unsecured debt.

The bankruptcy court usually exercises control over your possession through a bankruptcy trustee who is basically a person who has been appointed by the court. This person duty is basically to make sure that all the creditors are paid the correct amount which the debtors owes them.

The court is then expected to appoint a person who is known as a trustee in each bankruptcy case. The main role of the trustee in these proceedings it to actually oversee the entire case so as to make sure that the debtor has filed correct documents.




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