All About Filing A Chapter 13 Monterey

By George Nelson


A number of debt settlement options have been formulated over the years, but the oldest and most popular is bankruptcy. There are several provisions in the bankruptcy act, but chapters 13 and 7 affect individual consumers directly. In fact, they were devised with the average person in mind. While these provisions can help consumers to get rid of their outstanding debts, they also come with some negative effects. It is important for consumers to learn about these repercussions when considering chapter 13 Monterey.

This debt settlement option involves restructuring of outstanding debts. There is no liquidation of property. Instead, debts are consolidated and a convenient payment plan used to offset the debt over a period of several years. After the bankruptcy period, the payments stop and all unpaid debts are written off.

It is important to note that while this option allows debtors to keep their assets, defaulting on payments will lead to automatic liquidation of assets. The bankruptcy trustee will automatically liquidate the non exempt assets of the consumer and recover funds to offset their debts. It is, therefore, in the best interest of the applicant to make regular payments as expected to the trustee.

During debt restructuring, the debtor is expected to come up with a repayment plan based on their monthly income. The monthly payments they propose must be reasonable and sustainable. The installments are not based on the total debts of the consumer, so this plan will work in favor of the consumer. Once the plan has been formulated, it must be presented to the committee of creditors.

To qualify for this type of bankruptcy, a person must have a steady job with a decent income and few valuable assets. The argument is that making monthly payments will help creditors recover more money than they would if the assets of the debtor were liquidated. The trustee is the one who will ensure the debtor qualifies for this option.

Once the repayment plan has been presented, creditors have the right to question the debtor on issues touching on the plan. Afterwards, the creditors will vote on whether to approve the plan or not. However, it is the judge who has the final say, so the plan can still be approved even if creditors reject it.

After being declared bankrupt, debtors get legal protection as provided in this legal provision. This means creditors will stop making any form of communication. In fact, the relationship between the creditors and the debtor will end there, and everything must be handled through the trustee. For instance, the monthly payments made by the bankrupt consumer will go to the trustee, who will be in charge of disbursing the funds to creditors.

When compared to other legal debt settlement options, this legal provision has a number of benefits. For one, debtors do not lose their property. Secondly, it helps debtors to have a huge chunk of their outstanding debts written off. Thirdly, it makes it possible for consumers to continue living their life normally and at the same time get rid of their bad debts. Lastly, it is the best option for creditors to recover most of their debts.




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