Saturday, June 24, 2017

How To File A Chapter 7 Oakland CA

By Arthur Walker


If you ever find yourself deeply in debt, you should take your time to ponder over the options at your disposal. You can seek debt counseling and consolidate your debt. If this does not work, however, you will have to file for bankruptcy. While this may not be the best option, it may be the only one you can use to get rid of your debt. A chapter 7 Oakland CA residents should know, is a type of bankruptcy that provides for liquidation of assets to offset the debts owed by the debtor.

There are three main forms of bankruptcy but individual consumers can only qualify for two of them. These are chapters 7 and 13. The former provides for liquidation of property to recover funds to pay creditors. The latter, however, provides for restructuring of debts owed by the debtor. Both have advantages and shortcomings, so it is important to think over the decision before making a final decision.

To qualify for this bankruptcy option, you must be an adult with personal debts that you have defaulted on. Your income must also be either low or unreliable. You must also have assets that can be sold to recover funds to pay off your debts.

The first thing the court will do is appoint a competent trustee to oversee the process. The trustee will start by accounting for all eligible assets and qualifying debts. The next step will be to set a date for the auction. After collecting the proceeds of the auction, the trustee will distribute the proceeds to creditors.

It is important to note that the funds recovered from liquidating assets does not have to be enough to settle the outstanding debts. The funds could be only a tenth or a quarter of your outstanding debts, but your debts will be forgiven once the funds have been distributed to all the creditors.

Debts are normally prioritized during a chapter 7 bankruptcy. For instance, court fees and taxes are usually given priority and must be settled in full. What remains from the proceeds of the liquidation process is usually distributed to creditors based on their fraction of the total debt you owe them. The trustee must make sure the law is adhered to.

There are consequences of becoming bankrupt. You should keep this in mind when filing for bankruptcy. One of the main consequences is that the bankruptcy will be inserted into your credit report. This means that lenders and potential employers, or anyone else who runs a credit check, will know about your legal and financial status. This can have an adverse effect on your life. In fact, some credit card companies may decide to cancel your credit cards. Before seeking bankruptcy, therefore, you should learn about these consequences.

Dealing with bad debt is a serious financial challenge. You cannot deal with this problem on your own; you have to hire a professional to help you out. A bankruptcy attorney is the right person to offer assistance. This is because they have in-depth knowledge of all the relevant laws. Furthermore, they have helped many other consumers in the past. Ideally, you should hire the most experienced lawyer to help you out. This will go a long way in ensuring you get the best outcome from the case.




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