неделя, 4 септември 2016 г.

What You Need To Know Before Filing A Chapter 13 Monterey

By George Nelson


Consumers have a variety of options when it comes to dealing with their debt. One of the options at their disposal is declaring bankruptcy. There are many types of bankruptcy, but chapters 7 and 13 are the most popular with individual debtors. Before declaring bankruptcy under any of these chapters, consumers are advised to familiarize themselves with the benefits and repercussions of becoming bankrupt. Read on to learn more about Chapter 13 Monterey.

This option entails restructuring of debt and applies only to individual debtors. Instead of liquidation, the applicant is required to make monthly payments to offset their debts. The payments are made over a certain number of year, after which all unpaid debts are written off. In return, the applicant gets to retain all their assets.

This financial arrangement gives the consumer a chance to retain all their assets. However, any default will lead to liquidation. This means the trustee will move to court to seek orders to liquidate the assets of the borrower. To prevent this from happening, borrowers need to make their payments according to the approved plan without defaulting.

After filing the necessary paperwork in court, the applicant is required to draft a plan to repay the debt in question. The plan should include the total monthly income, expenses and what the debtor is able to pay every month towards servicing their debt. The plan must then be presented to the committee of creditors who will ask questions, which the debtor must answer.

To qualify for this type of bankruptcy, a person must have a steady job with a decent income and few valuable assets. The argument is that making monthly payments will help creditors recover more money than they would if the assets of the debtor were liquidated. The trustee is the one who will ensure the debtor qualifies for this option.

The plan proposed by the consumer must be presented to creditors in a meeting arranged by the trustee. The consumer will be required to answer questions regarding the plan before creditors vote on it. It is important to note, however, that the court has the last say regarding the plan, so it can still be approved after creditors reject it.

Once the debtor has been declared bankrupt under this legal provision, creditors will be required not to communicate with the debtor in any way. This means no phone calls, emails, faxes or house visits by creditors or their collection agents. Furthermore, the monthly payments will be forwarded to the trustee, who will disburse the payments to creditors according to their fraction of debt and order of priority.

When compared to other legal debt settlement options, this legal provision has a number of benefits. For one, debtors do not lose their property. Secondly, it helps debtors to have a huge chunk of their outstanding debts written off. Thirdly, it makes it possible for consumers to continue living their life normally and at the same time get rid of their bad debts. Lastly, it is the best option for creditors to recover most of their debts.




About the Author:



Няма коментари:

Публикуване на коментар