Guide To Filing For Bankruptcy CA

By Ann Fox


Consumers and businesses usually accumulate a lot of debt over time. Most borrowers can manage the debt they accumulate while others usually have problems servicing their debts. Those who have a lot of bad debt can get rid of their debt problem by filing for bankruptcy CA. After becoming bankrupt, the vast majority of their bad debts will be forgiven. This will leave them debt free.

Businesses can seek to become bankrupt under two chapters. These are chapters 7 and 11. The former provides for debt forgiveness through liquidation of assets belonging to the business debtor while the latter provides for debt forgiveness through debt reorganization. This means that the business will have to make regular monthly debt payments for several years to get debt forgiveness.

Individual debtors can use either the chapter 7 or chapter 13 to become bankrupt. During chapter 7 proceedings, the assets of the debtor are usually sold to recover money to settle their debts. In a chapter 13, the debtor retains all their assets, but has to make regular monthly payments for several years. The payments are usually convenient and affordable to the debtor.

There are numerous disadvantages of becoming bankrupt. For one, it will limit your access to affordable credit. Secondly, it will reduce your chances of getting a better or job, renting a decent house or even renting a car. Therefore, you need to consider all the pros and cons before making a decision because you do not want to have regrets later on.

There are certain jobs that require the holder of office not be bankrupt. This means that you cannot get any of these jobs once you have been declared bankrupt. In fact, if you are currently the holder of an office that requires you not be bankrupt, you may lose the job once you file for bankruptcy. Be sure to keep this in mind when looking for debt resolution.

Experts always advise consumers to seek professional assistance before filing for bankruptcy. A competent lawyer will tell you about the pros and cons of becoming bankrupt, the procedure, the requirements and many other things. Therefore, you have to consult a qualified lawyer before making a decision. The lawyer can also advice and guide you in addition to helping you to file the necessary paperwork.

Alimony, student loan debts and child support back payments are some of the debts that cannot be written off. If your debt portfolio consists of these debts, and they form a significant portion of your debt, becoming bankrupt may not be such a great option. After all, you will still remain with these debts after becoming bankrupt. There are also other debts that are not covered under the Federal Bankruptcy Act. Your lawyer will provide you with the required information to help you make an informed decision.

Once you have filed the necessary paperwork in court, a trustee will be appointed. This is the person responsible for overseeing the proceedings. In case of chapter 7, the trustee will arrange the auction and pay your debts. In a chapter 11 or 13, they will collect the monthly payments during the bankruptcy period. The trustee will also make sure that you comply with the terms and conditions of the bankruptcy.




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