There are many reasons why people land up in financial difficulties. People lose their jobs or are forced to spend all their savings on expensive medical treatment. Others are simply financially irresponsible and live beyond their means. Businesses may suffer due to rapidly changing markets. The list is endless but the fact remains that there are more and more people who simply cannot service their debt any longer. However, before applying for Chapter 11 bankruptcy Salinas citizens should think very carefully.
It is a common misconception that insolvency is a quick way in which to deal with overwhelming debt. This is most definitely not the case. Applications for insolvency are not accepted by the courts before they have made very sure that the applicant truly does not have the means to honor his obligations. To this end a means test is applied. Stringent criteria are applied during this process.
Financial experts all warn that applying for insolvency should always be the very last resort. In many cases there are other measures that can help those in dire financial straits to recover without having to go bankrupt. Creditors are often willing to negotiate new payment schedules because they know that in this way they are most likely to recover their money. It may even be possible to get a loan to pay off debt.
Applicants for insolvency will not only have to undergo a means test, but their entire financial lives will also be put under the microscope. They will have to explain their lifestyles, their extravaganzas and their expenditure. They will have to make an inventory of all their assets and submit it to the court. Their income will be scrutinized. The entire process is painful and often very humiliating.
If the court agrees to hear an application, it will immediately appoint a trustee. The job of this trustee is to do everything possible to raise the money demanded by the creditors of the applicant. To this end he may confiscate all the assets of the applicant and sell them on an open auction. All the money thus raised will be distributed among the creditors.
Only once the trustee is satisfied that everything possible has been done to Satisfy the creditors will the court finally issue a discharge order. When this is done creditors may no longer make any claims. This does not mean the applicant goes debt free, however. He will still be liable to pay back taxes, support payments and secured loans. He will also have to enter a financial rehabilitation program.
Far too many forced into insolvency waited way too long before they acted on their troubles. Professional help should be obtained at the very first instance when it becomes clear that the financial burden is becoming unmanageable. Ignoring a problem never makes it disappear. If help is obtained at an early stage a rescue plan can almost always be formulated and implemented.
Bankruptcy is not an easy way out of financial trouble. Bankrupt individuals will struggle to enter into any financial agreement and they will not qualify for any form of financing. It may take many years to recover from the loss of all the assets and loved ones will suffer in the process.
It is a common misconception that insolvency is a quick way in which to deal with overwhelming debt. This is most definitely not the case. Applications for insolvency are not accepted by the courts before they have made very sure that the applicant truly does not have the means to honor his obligations. To this end a means test is applied. Stringent criteria are applied during this process.
Financial experts all warn that applying for insolvency should always be the very last resort. In many cases there are other measures that can help those in dire financial straits to recover without having to go bankrupt. Creditors are often willing to negotiate new payment schedules because they know that in this way they are most likely to recover their money. It may even be possible to get a loan to pay off debt.
Applicants for insolvency will not only have to undergo a means test, but their entire financial lives will also be put under the microscope. They will have to explain their lifestyles, their extravaganzas and their expenditure. They will have to make an inventory of all their assets and submit it to the court. Their income will be scrutinized. The entire process is painful and often very humiliating.
If the court agrees to hear an application, it will immediately appoint a trustee. The job of this trustee is to do everything possible to raise the money demanded by the creditors of the applicant. To this end he may confiscate all the assets of the applicant and sell them on an open auction. All the money thus raised will be distributed among the creditors.
Only once the trustee is satisfied that everything possible has been done to Satisfy the creditors will the court finally issue a discharge order. When this is done creditors may no longer make any claims. This does not mean the applicant goes debt free, however. He will still be liable to pay back taxes, support payments and secured loans. He will also have to enter a financial rehabilitation program.
Far too many forced into insolvency waited way too long before they acted on their troubles. Professional help should be obtained at the very first instance when it becomes clear that the financial burden is becoming unmanageable. Ignoring a problem never makes it disappear. If help is obtained at an early stage a rescue plan can almost always be formulated and implemented.
Bankruptcy is not an easy way out of financial trouble. Bankrupt individuals will struggle to enter into any financial agreement and they will not qualify for any form of financing. It may take many years to recover from the loss of all the assets and loved ones will suffer in the process.
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