Bankruptcy essentially refers to the process where businesses, as well as individuals are allowed to repay part or all of their debts but with protection guaranteed by the federal court on bankruptcy. Bankruptcies may nevertheless be classified in two categories, liquidation and reorganization bankruptcies. When bankruptcy is deemed a right option for a person, they will need to choose the category that most suits them. With Chapter 13 Monterey, a person will retain their assets even under a declaration of being bankrupt.
Chapter 13 is used in reference to reorganization bankruptcies while liquidation bankruptcies are termed as chapter seven. On the other hand, not all individuals are allowed to apply for reorganizations. For instance, corporations or even proprietors may not apply. This is since under the reorganization forms of bankruptcies, the individuals declared bankrupt must be at a position of making repayments. In addition, there is always a stipulated amount of debt that an individual has to owe so that they can be able to make applications for the reorganizational bankruptcies.
To qualify for chapter 13 you need to meet some criteria. One of the requirement is that you must not be a business entity. This option is for individuals or those filing jointly like a husband and a wife. For example, businesses such as limited companies and corporations are not eligible for reorganization bankruptcy. Although a business owner cannot file for bankruptcy in the name of his or her business, the debtors can apply in their name for those debts they are liable for.
Another requirement is that you must not be prevented by a prior bankruptcy. If the debtor discharged the debt within the past two years under reorganization or within the past four years under liquidation, such a debtor is not eligible for reorganization until the time has elapsed.
Another condition to be met is that an application done earlier for this kind of bankruptcy and dismissed within in the last period of 6 months means that you are ineligible. This especially applies if you did not comply with the court processes. The other reason could be that the applicant making such applications had their creditors apply for debt cancellations via automatic stays.
One other requirement is that debtors need to have steady and sufficient earnings that will service their debt after allowable expenses are deducted. Usually, debtors will attach earning of their spouses if they are employed which will apply even if the application was not filed jointly. Qualifications for chapter 13 also needs debtors to have adequate income to allow for the mandatory repayments to any unsecured creditor.
There are a number of benefits of filing for such bankruptcies. First, it offers an opportunity to saving your property from foreclosure. Filing for these bankruptcies will stop any scheduled foreclosures hence a person may pay their owed overdue mortgages over time. Nonetheless, debtors have to make pay the mortgages on a timely basis under this kind of bankruptcy.
Another benefit is that the debtor can be able to reschedule secured debts and extend them for the entire life of reorganization plan. However, mortgage for the primary residence may not be rescheduled. Rescheduling of the debts may lower the payments.
Chapter 13 is used in reference to reorganization bankruptcies while liquidation bankruptcies are termed as chapter seven. On the other hand, not all individuals are allowed to apply for reorganizations. For instance, corporations or even proprietors may not apply. This is since under the reorganization forms of bankruptcies, the individuals declared bankrupt must be at a position of making repayments. In addition, there is always a stipulated amount of debt that an individual has to owe so that they can be able to make applications for the reorganizational bankruptcies.
To qualify for chapter 13 you need to meet some criteria. One of the requirement is that you must not be a business entity. This option is for individuals or those filing jointly like a husband and a wife. For example, businesses such as limited companies and corporations are not eligible for reorganization bankruptcy. Although a business owner cannot file for bankruptcy in the name of his or her business, the debtors can apply in their name for those debts they are liable for.
Another requirement is that you must not be prevented by a prior bankruptcy. If the debtor discharged the debt within the past two years under reorganization or within the past four years under liquidation, such a debtor is not eligible for reorganization until the time has elapsed.
Another condition to be met is that an application done earlier for this kind of bankruptcy and dismissed within in the last period of 6 months means that you are ineligible. This especially applies if you did not comply with the court processes. The other reason could be that the applicant making such applications had their creditors apply for debt cancellations via automatic stays.
One other requirement is that debtors need to have steady and sufficient earnings that will service their debt after allowable expenses are deducted. Usually, debtors will attach earning of their spouses if they are employed which will apply even if the application was not filed jointly. Qualifications for chapter 13 also needs debtors to have adequate income to allow for the mandatory repayments to any unsecured creditor.
There are a number of benefits of filing for such bankruptcies. First, it offers an opportunity to saving your property from foreclosure. Filing for these bankruptcies will stop any scheduled foreclosures hence a person may pay their owed overdue mortgages over time. Nonetheless, debtors have to make pay the mortgages on a timely basis under this kind of bankruptcy.
Another benefit is that the debtor can be able to reschedule secured debts and extend them for the entire life of reorganization plan. However, mortgage for the primary residence may not be rescheduled. Rescheduling of the debts may lower the payments.
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