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How To File A Chapter 7 Monterey

By Thomas Kennedy Debt is part of life, whether you are in school or working and earning a lofty salary. It comes in form of credit cards,...

By Thomas Kennedy


Debt is part of life, whether you are in school or working and earning a lofty salary. It comes in form of credit cards, car financing and personal loans. After accumulating a lot of debt, you may have only one option, declaring bankruptcy. Through this legal process, you can have a large portion of your debts written off. A Chapter 7 Monterey residents need to know, is a default bankruptcy option.

It is possible for any type of debt consumer to apply for bankruptcy. Individual consumers can declare bankruptcy to have their credit card debts, personal loans and other debts written off. Businesses, companies and partnerships can also file for bankruptcy to have their business debts written off. It is important to note, however, that any legal entity that files for chapter 7 will be wound up, so that will be the end of their existence.

Chapter7 entails liquidation of property belonging to the debtor. The proceeds are used to pay off all outstanding debts that are part of the bankruptcy proceedings. In return, the balance between the debts and proceeds of the sale will be forgiven. Furthermore, creditors get to claim a tax deduction on the loss they suffer due to the bankruptcy.

The main objective of declaring bankruptcy is to ask the court to provide legal protection from collection agencies and creditors. Once the paperwork has been received by the court, the phone calls, emails and home visits by agents of your creditors will stop. When creditors to seek to have someone declared bankrupt, on the other hand, they are seeking a chance to resolve their bad debts book.

When considering bankruptcy, it is crucial you keep some things in mind. For one, you should know that your credit rating will suffer when you are declared bankrupt. You may not be able to borrow a loan or get a low interest credit card for up to seven years. Furthermore, renting a house or getting a job in the financial sector will become next to impossible due to your perceived financial irresponsibility.

It is important to note that some debtors may not qualify for bankruptcy. For instance, if you have a significant monthly income, you may not qualify. This is because creditors can recover more money through regular monthly installments than they would through liquidation of your assets. In such cases, a chapter 13 may be best suited for the case.

Wealth declaration is the most important requirement in the process of filing for bankruptcy. The court must be informed about your debts, income and assets. Furthermore, the trustee will go through your recent property transactions to identify any mischief. If there is any, the application will be rejected. If not, the trustee will make the necessary arrangements for the auction.

Some debts cannot be written off. For instance, if you are late on your student loans, you just have to find a way to pay it off. There is no way around it. In fact, only death can absolve you of the debt. Child support payments and spousal support payments must also be paid regardless of your financial status. Before hiring a lawyer to help you file for bankruptcy, you should remember that not all debts will be written off.




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