неделя, 11 ноември 2018 г.

How To File For Bankruptcy Oakland

By Roger Reynolds


Becoming bankrupt is always an option for debtors with a lot of unmanageable bad debt. While this legal option can help debtors to get rid of their debts, it also comes with a number of adverse side effects. When thinking about bankruptcy Oakland residents need to spend some time looking for a competent lawyer to advise and guide them throughout the process. Fortunately, there are many competent lawyers that local residents can hire.

With this legal debt resolution option, you can expect most of your debts to be forgiven. There are chapters meant for individual debtors as well as those meant for corporate or business debtors. Whatever the case, bad debts will be written off after the applicant has been declared by the court to be bankrupt. In some chapters, the debtors must propose a reasonable repayment plan for their debts.

When you want to do a comparison of the lawyers you find, there are several key factors to consider. For starters, you have to compare the amount of experience that different lawyers have. The most experienced lawyers should be given preferential treatment. Therefore, you should take your time to analyze the experiences of the different lawyers on your list before making a decision.

The most common types of bankruptcies are chapter 7 and 13. The former, however, is the most common because both individual and business debtors can use this option. It provides for auctioning of assets by the trustee to recover money to offset the outstanding debts.

Chapter 13 is commonly referred to as personal debt reorganization. This legal option allows personal debtors to retain ownership of all their assets as they service their debts over a period of several years. It is important to note that some personal debts, such as student loans, child support back payments and alimony cannot be written off through this chapter.

Chapter 11 is a bankruptcy option that is meant for corporate debtors. Business owners, schools and companies can use chapter 11 to get rid of their bad debts over a period of several years. It basically provides for debt reorganization, so the managers of the business or organization will have to come up with a repayment plan that spans several years.

It is important to note that if a debtor fails to honor the terms and conditions of their debt repayment plan, their assets will be liquidated through chapter 7. To avoid losing your property, therefore, you have to submit the monthly payments to the trustee in a timely manner. In case you are not able to make timely payment in a given month, be sure to inform the trustee well in advance.

When a business files for chapter 7, the management will have to shut down the business. This is because a chapter 7 is akin to winding up a business as everything will be liquidated to pay off its debts. Be sure to keep this in mind when seeking to become bankrupt under this chapter.

Bankruptcy can either be voluntary or involuntary. If creditors decide to take you to court in a bid to recover their debts, this type of bankruptcy will be known as involuntary bankruptcy. However, if you decide to file a petition on your own, you will become bankrupt voluntarily. Whatever the case, you will enjoy all the legal protections that come with this option.




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