What To Consider Before Filing A Chapter 7 Oakland CA

By Michael Olson


Most people live their lives with debt, which is not bad. When the amount of debt accumulated by a single person becomes unsustainable, however, they may start experiencing financial problems. If the income earned by the debtor is not enough to service those debts, the only option might be to renegotiate the debt or declare bankruptcy. Chapter 7 Oakland residents should know, is the default type of bankruptcy. Read on to learn more.

A trustee is usually appointed when the court receives a bankruptcy petition. This is usually a legal or financial expert with a lot of experience handling similar cases. The trustee is tasked with carrying out due diligence to ensure the debtor truly qualifies for this option. If not, they will recommend the most suitable option.

This is a great option for consumers who have an unreliable source of income and few valuable assets to speak of. After all, they will not lose much when their assets are liquidated while their income may not qualify them for other bankruptcy options. The beauty of the entire process is that the debtor can become debt-free immediately.

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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