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Sunday, July 1, 2018

By Ruth McDonald


Bankruptcy is the legal process in which there businesses or individuals are helped to eliminate part of or all their debt. It will also help in repayment of some of what the person or business owes. While it is a process that brings some relief, it is important to understand that it comes with serious effects in the long run and more so on credit. It can remain on the credit report of an individual for as long as a decade. In considering bankruptcy Oakland residents should be versed with what it involves.

It is a complex process that the average person is not able to go through individually. This is the reason people hire attorneys to take them through the process smoothly. They are well versed with regulations that govern the process. There are also some requirements that one must meet before they can file for bankruptcy. It is mandatory that one demonstrates they are not able to repay their debts. Credit counseling is also a requirement.

After you have made the decision to file the petition, it is important to make a decision on the type to opt for. There is the option of filing for chapter 13 or chapter 7. In both cases, they will help in elimination of unsecured debts and will also stop any foreclosure or repossession. With either option, you are expected to take care of all fees charged by the attorney.

There are a number of consequences of filing for bankruptcy. Both chapter 7 and 13 will require that one gives up possessions for sale so that they are able to pay creditors. Under some circumstances, one could end up losing real estate, jewelry, antique furnishings and vehicles. Your bankruptcy is also able to affect other people financially. For instance, if your parents did co-sign a car loan for you, they might still be held responsible for some of the debt in case you are declared bankrupt.

Filing that one is bankrupt damages their credit. Bankruptcies are considered as negative information on the credit report of a person. It will therefore affect the way lenders view them. A creditor will not offer a bankrupt person any credit and if they have to, the rates of interest will be very high. Depending on what type one filed for, the information could be in their report for up to 10 years.

There are various alternatives before one decides that they will be filing that they are bankrupt. The options also have some effects on credit but not that much. The individual will be allowed to retain all of their possessions. Debt management plans are one of the options to go for. The counselor will work with creditors to help in arrangement of some plan which is workable to repay whatever is owed.

For some people it is easier approaching creditors to see whether they can agree to a manageable plan of repayment. The other option would be to go for a debt consolidation loan. This is whereby one takes a loan to repay debts and they are left with a single loan to service.

The process of one filing that they are bankrupt is one that can go for a long time and costs money. The most important thing for you to know is that there are consequences. This is why attorney services and advice will be key.




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