Importance Of Filing For Chapter 13 Oakland

By Charles Foster


Actually, any borrowing will have to be paid back at the end of the day. When one is borrowing money, he is optimistic and has good intentions about tomorrow. He is sure that he will pay back the amount owed without breaching or defaulting. However, sometimes this fails to work due to future uncertainties making the borrower unable to repay the lender his money back. This may cause problems to an extent where the borrower losses his properties. However, to eradicate such scenarios, filling for chapter 13 Oakland is recommended.

Chapter 13 is a cover or protection plan that bankruptcy courts provide for borrowers with financial challenges or constraints. It denies the lenders the right of seizing properties owned by borrowers in case he defaults the payment contract. It immediately takes away all the seizing rights that the creditor could be having. This plan is responsible for eliminating wage garnishments, foreclosing of the asset or any harassment.

Actually, this is a payment plan where the debtor is supposed to pay certain statutory debts in full. It also deals with debts that are not covered by chapter 7 or assets that are not yet protected. The debts that have to be paid under this plan includes tax, mortgage delinquent arrears, spousal or children support payments among others.

It will also address unsecured debts, personal loans, medical bills, credit card balances and property repossessions among other judgment collections. The main purpose of the plan is to give you a chance to reorganize the debts you owe people. In fact, if you are working but your disposable income is below the agreed amounts or terms, this plan will help you in raising the payments through at a lower amount than earlier agreed.

This plan allows you to reconstruct your repayment method if your budget or disposable income has changed. It is at this time where you can decide the new installment. However, you are given a period of about three and five years to complete the payment. In addition, the type of payment required should be a continuous one.

This plan will not only provide cover, but also benefit you in different ways. To start with, the plan will work in making sure the new agreed installment is reasonable. One of the factors that will contribute this is income submission and court verdicts. In short, your attorney provides all your earnings and monthly expenditure or budget to the bankruptcy court.

The payments are also consolidated such that you do not have to pay creditors directly. The money is given to the trustee who distributes it to the creditors in the right proportions. You will also benefit from the elimination of foreclosure and related activities. This is because the court will order that no creditor should collect any property from you.

You will be required to submit the repayment money to the trustee who will be responsible for distributing the funds to the creditors. On top of that, any activity that aims at property reposition will be blocked permanently. There will be no lender or creditor left with rights to repossess or collect anything from you. This means property retention will be achieved. The plan will also protect your co-signers.




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