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Tuesday, December 12, 2017

By Charles Foster


When you make any borrowing, the lender expects you to pay him back within the agreed period and amount. On your side, you are always optimistic about the repayment. In fact, the intentions you have are right. You will not be intending to default or breach the contract. On the contrary, things turn up against the plan and leave you in a dilemma. You try to raise the money but you fail to succeed. At this point, you are at risk of losing the hard-earned assets and properties. Therefore, filing chapter 13 Oakland helps you because it prevents property as well as providing other solutions.

Filling this plan means getting immediate protection from loss of assets and other collections. This means any activity that may cause harassment from the lenders, wage garnishments, and activities such as home foreclosure are stopped when one files for this plan. The trustee will be denied the right of taking back your assets so as to recover the loss that will occur due to the failure of payments.

Any right the lender could be having towards your assets is withdrawn. At this point, you will only be required to make payments on the debts that are statutory. However, installments made will be pocket-friendly. This plan will also provide an address on loans and debts that have remained unprotected or not addressed by chapter seven.

According to this plan, the debts that you need to pay includes tax arrears, mortgages delinquent accumulations, support to spouses or children and related debts. Therefore, any unsecured debt, balances in credit cards, medical bills or even personal loans will be addressed by the plan. It will also cover any collection authorized earlier by judgments or any form of repossession.

This plan allows you to reconstruct your repayment method if your budget or disposable income has changed. It is at this time where you can decide the new installment. However, you are given a period of about three and five years to complete the payment. In addition, the type of payment required should be a continuous one.

Therefore, the court will review the information and order a new plan the fits your budget. Therefore, the new plan will be affordable for you. Another benefit is that you are going to get consolidated payments. This plan allows one to make reasonable payments that will have their basis on the amount you can afford. You cannot be forced to pay the amount you do not have or you cannot afford.

The payments are also consolidated such that you do not have to pay creditors directly. The money is given to the trustee who distributes it to the creditors in the right proportions. You will also benefit from the elimination of foreclosure and related activities. This is because the court will order that no creditor should collect any property from you.

This plan is important in that any incident related to property loss such as foreclosure is eliminated. This will be as a result of a court judgment that prohibits any creditor from seizing your assets. The creditors are also denied the right to contact you directly. They normally contact the trustee who pays them their money. Your assets will also be retained as well as getting your co-signers protected.




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