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dimanche 11 novembre 2018

How To File For Bankruptcy Oakland

By Roger Reynolds


When you become bankrupt, all your debts will be frozen. This means that your debts will not incur any further interest or penalties. Creditors will also be stopped from hassling you. Once you have been declared bankrupt, all creditors will have to go through the court to reach you. Be sure to hire a reputable bankruptcy lawyer to help you seek a legal solution to your debt problem through bankruptcy Oakland.

Debt forgiveness is usually provided by different types of bankruptcies. It all depends on the type of debtor you are. Business or corporate debtors have their own chapters while personal debtors have their own. Be sure to consult a competent lawyer to ensure you choose the right chapter.

When comparing lawyers, be sure to give special consideration to lawyers with years of experience in the industry. The ideal lawyer must have handled many similar cases in the past. Therefore, you have to compare the number of bankruptcy cases that different lawyers have been handling over the years before making a decision.

One of the most popular types of bankruptcies is chapter 7. This is because virtually any debtor can qualify. You only need to prove that you have some assets as well as an unreliable source of income. Once all your assets have been sold, all your debts will be written off. As a result, you can start life afresh and debt-free.

Personal debt reorganization, or chapter 13, allows individual debtors to retain all their property as they make regular monthly payments to offset their debts under improved terms. To qualify, an individual must show that they have a decent income.

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.

If a debtor fails to honor the terms stipulated in the repayment plan under chapter 11 or 13, all their assets will be sold under chapter 7. This is the default option, so if you fail to honor the agreed terms and conditions, all your assets will be sold through a public auction. In case of a chapter 13, there are some exemptions that you should take advantage of to ensure you do not lose everything.

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 be involuntary or voluntary. The former is where creditors go to court to have a debtor declared bankrupt so that they can recover their debt. The latter, on the other hand, is where the debtor goes to court and voluntarily petitions the court to declare them bankrupt so that they can get protection from creditors as well as debt forgiveness from the courts.




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