Guide To Filing A Chapter 7 Oakland

By Henry Wagner


It is very easy for a business or individual consumer to default on their loan payments. For instance, business may not be good due to immense competition or an economic crisis. This means that the business may not be able to pay suppliers and settle debts. Similarly, an individual debtor may lose their job, which means they will not have any income to service their debts. In such cases, filing a chapter 7 Oakland may be the only option for getting out of debt.

With this type of bankruptcy, both corporate and individual debtors can seek legal protection. Since the minimum requirements are usually low, most individual and corporate debtors can qualify. The most important requirement that debtors are required to meet is the lack of income to pay off their bad debts.

In this legal option, the assets of the debtor are normally sold to pay off their debts. In case an individual uses this option, they will lose most of their property, but they will get a chance to start life afresh. If a business uses this option, however, they will have to close shop as their inventory, motor vehicles and other assets will be liquidated to pay off their debts.

If you have few assets, an unreliable income and a lot of bad debt, this option was designed specifically for people like you. If you are willing to surrender your belongings and make due with a bad credit rating, you can get debt forgiveness. Be sure to weigh all the pros and cons before making a decision.

Any debtor with a regular monthly income cannot qualify for this option, unless they have considerable assets that can be sold. This is because the trustee will recommend debt restructuring under chapter 11, for corporate entities and businesses, or chapter 13, for individuals. After all, creditors stand to recover more of their debt through regular monthly payments than liquidation of assets belonging to the debtor.

Please note that your credit rating will be severely affected when you become bankrupt. This will make it difficult for you to access cheap loans. Getting a promotion or qualifying for a better job will also become a challenge. In addition to that, you may not be able to rent a car or house because nobody wants to be associated with a bankrupt consumer.

Please note that the assets of the debtor are usually sold through a public auction, which means that the entire process will be publicized. Everyone will know about it, and this can have a negative effect on your family. Therefore, you should keep this in mind when submitting your application for debt relief through this type of bankruptcy.

The bankruptcy court normally appoints a trustee to supervise bankruptcy proceedings. The trustee is the one who will decide whether or not the applicant qualifies for debt forgiveness under the specified bankruptcy option. The trustee will also oversee the liquidation process and distribute the proceeds of the sale to creditors.

An interesting point to note about bankruptcy options is that not all types of debts are forgiven. This means that the debtor will still remain with certain debt obligations. For instance, spousal support, child support and student loan debts must be serviced even after bankruptcy proceedings are over. It is important you remember this when you are seeking debt forgiveness through bankruptcy.




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