mercredi 5 septembre 2018

Guide To Filing For Bankruptcy CA

By Sandra Baker


There are many reasons why a person may want to become bankrupt. For starters, they may want to get the protection of the court from creditors. Secondly, they may need a legal solution to their debt problem. In care of foreclosure, someone can file for bankruptcy to stop the foreclosure process. Whatever the reason, it is always recommended you hire a competent lawyer to help you out with bankruptcy CA.

A person or business can become bankrupt involuntarily or voluntarily. If your debts have become too much of a burden and creditors have been bothering you, the best option is to approach the court voluntarily to get legal protections. If creditors want to compel you to pay your debts, they can approach the court and seek to have you declared bankrupt involuntarily.

Individual debtors can get rid of their bad debts conveniently through debt reorganization under chapter 13. This chapter makes it possible for debtors to retain their assets as they make monthly payments. After a few years of making regular monthly payments, all unpaid debts are forgiven. However, the debtor must have a reliable income to qualify for this chapter.

When you are not able to service your debts due to lack of a reliable income, your only option for resolving your debt problem is filing a chapter 7. This will require the trustee to liquidate your assets and distribute the proceeds of the sale to your creditors. Once your assets have been sold, you will get debt forgiveness. It is important to note that business debtors with no income can also file for this chapter.

The most experienced lawyers should always be given priority consideration. This is crucial because you want to get the highest quality of service, and experienced lawyers are known to offer quality services. Only lawyers that have handled many similar cases within the state and have a great reputation in the industry should be considered. Ideally, you should start your search for the right lawyer with a shortlist.

In case you have a lot of bad business debts, you should consider having your business declared bankrupt under chapter 11. This option is only meant for businesses, so individual debtors cannot qualify. Only businesses with a reliable income source can qualify. After becoming bankrupt, the business will be managed under the supervision of the court-appointed trustee.

It is important to note that once you have become bankrupt, you will not be able to borrow any loans for some time. This is because most lenders will refuse to approve your loan application on the account that you have a tainted history. Firms that may be willing to lend you money, on the other hand, will quote higher rates of interest and unfavorable terms. Getting a better job or renting a business premise or home will also become extremely challenging.

Many people often make the mistake of looking at bankruptcy as the best option of getting rid of their personal debts. However, this is not the case. After all, there is a price to pay for becoming bankrupt. This includes a tainted credit history and a damaged reputation. Therefore, this should only be looked at as an option of last resort.




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