A number of debt settlement options have been formulated over the years, but the oldest and most popular is bankruptcy. There are several provisions in the bankruptcy act, but chapters 13 and 7 affect individual consumers directly. In fact, they were devised with the average person in mind. While these provisions can help consumers to get rid of their outstanding debts, they also come with some negative effects. It is important for consumers to learn about these repercussions when considering chapter 13 Monterey.
This debt settlement option involves restructuring of outstanding debts. There is no liquidation of property. Instead, debts are consolidated and a convenient payment plan used to offset the debt over a period of several years. After the bankruptcy period, the payments stop and all unpaid debts are written off.
It is important to note that while this option allows debtors to keep their assets, defaulting on payments will lead to automatic liquidation of assets. The bankruptcy trustee will automatically liquidate the non exempt assets of the consumer and recover funds to offset their debts. It is, therefore, in the best interest of the applicant to make regular payments as expected to the trustee.
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.
After being declared bankrupt, debtors get legal protection as provided in this legal provision. This means creditors will stop making any form of communication. In fact, the relationship between the creditors and the debtor will end there, and everything must be handled through the trustee. For instance, the monthly payments made by the bankrupt consumer will go to the trustee, who will be in charge of disbursing the funds to creditors.
Compared to other available options, this option has more benefits. For one, it allows consumers to retain all their assets since there is no liquidation. Secondly, it allows debtors to continue living their life normally without any bad debt. Thirdly, it provides creditors with a legal option for recovering most of their debts and writing off what they do not recover in a legal way. This will entitle them to a tax deduction, which ensures the written off debt does not affect their bottom line.
When you are looking for the facts about a Chapter 13 Monterey residents are invited to visit are web pages online today. Additional details are available at http://centralcoastbankruptcy.com now.