What To Know About Chapter 7 Oakland CA

By Arthur Walker


Becoming bankrupt is never something that someone plans as they live their life. Most people usually find themselves in this situation. To avoid bankruptcy, all you have to do is live within your means and spend less money than you earn. Making prompt loan payments will also help to improve your credit rating, which will reduce your cost of borrowing. If you find yourself in a financial mess, however, you should consider filing a chapter 7 Oakland CA.

There are two bankruptcy chapters that consumers can file whenever they experience financial hardships. These are chapters 7 and 13. While the former provides for auctioning of assets to pay off debts, the latter provides for restructuring of debts. Choosing the right type of bankruptcy will determine how well you get out of the debt situation.

Only adults with personal debts exceeding a certain amount qualify for this bankruptcy option. The debtor must also have an unreliable, or low, income. The trustee will check all these to ensure that applicants qualify for the chapter they are applying for.

After filing the necessary paperwork in court, a trustee will be appointed to help the court resolve your debt. The trustee will start by checking your bank records, list of assets, your income and sum up all the debts you owe. After accounting for all your assets and debts, the next step would be to organize an auction.

The beauty of chapter 7 bankruptcy is that you can have your debts forgiven for next to nothing. You might have $90,000 worth of debt and only $10,000 worth of eligible assets. Once the assets have been liquidated, the unpaid debt will be written off. That is why this bankruptcy option is incredibly popular with people with few assets.

There is a strict procedure that must be followed to the letter during a chapter 7 bankruptcy. First, the trustee liquidates all eligible assets and uses the funds to pay off debts. They usually start with taxes and court fees in full. The second step is to distribute the balance among the creditors based on their total share of the outstanding debt in question.

All forms of bankruptcies have consequences that consumers should know about before deciding to file the necessary paperwork. The first is listing by creditors. Your credit report will show that you are bankrupt, so lenders will reject all your loan applications. Your credit cards will also be cancelled. Renting a car or house, or even getting a job, when you are bankrupt is not easy. This is because nobody wants to associate themselves with an individual who is deemed financially irresponsible. Before you seek bankruptcy protections, therefore, you should familiarize yourself with the consequences of bankruptcy.

Hiring a bankruptcy lawyer is recommended when you want to seek bankruptcy protections. This is because the trustee may overlook some of your rights, so your attorney will ensure that your rights are upheld. The lawyer will also advise you accordingly throughout the process. A key factor to consider during the search for a suitable lawyer is experience. Reputation in the industry is also a key factor of consideration.




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