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.
Many applicants think that being made insolvent will free them from all their financial problems. They cannot be more wrong. Being declared insolvent is a very serious step and the courts are extremely careful in these cases. They need to be sure that applicants are indeed in dire straits and to this end they always insist upon a means test to ensure that the applicant is in genuine financial distress.
Insolvency is not a solution to financial troubles. It is a serious step that may have detrimental consequences for applicants lasting many years. It should always be the absolutely final resort when every other option has been exhausted. Those in trouble should try other remedies first, such as being honest with their creditors and by asking them to agree to lower monthly premiums over a longer payment period.
The process by which applications for insolvency is handled almost always involves humiliation and tremendous stress. The applicant has to submit to financial scrutiny and an inventory of all his assets must be handed to the court. His lifestyle will be examined and he may have to explain his expenditure and general financial management. This process takes time.
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 when the trustee informs the court that he has done all that he can to pay the creditors of the applicant will a final discharge order be granted. This means that creditors will no longer be able to make any financial demands upon the applicant but it does not mean that the applicant is freed from all debt. Secured loans, taxes and spouse of child support payments still have to be honored.
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 most definitely not an easy way out of debt. It has serious and sometimes devastating long term consequences for the applicant as well as his loved ones. Insolvent people struggle to find financing and it may take them years to recover financially after losing all their assets.
Many applicants think that being made insolvent will free them from all their financial problems. They cannot be more wrong. Being declared insolvent is a very serious step and the courts are extremely careful in these cases. They need to be sure that applicants are indeed in dire straits and to this end they always insist upon a means test to ensure that the applicant is in genuine financial distress.
Insolvency is not a solution to financial troubles. It is a serious step that may have detrimental consequences for applicants lasting many years. It should always be the absolutely final resort when every other option has been exhausted. Those in trouble should try other remedies first, such as being honest with their creditors and by asking them to agree to lower monthly premiums over a longer payment period.
The process by which applications for insolvency is handled almost always involves humiliation and tremendous stress. The applicant has to submit to financial scrutiny and an inventory of all his assets must be handed to the court. His lifestyle will be examined and he may have to explain his expenditure and general financial management. This process takes time.
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 when the trustee informs the court that he has done all that he can to pay the creditors of the applicant will a final discharge order be granted. This means that creditors will no longer be able to make any financial demands upon the applicant but it does not mean that the applicant is freed from all debt. Secured loans, taxes and spouse of child support payments still have to be honored.
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 most definitely not an easy way out of debt. It has serious and sometimes devastating long term consequences for the applicant as well as his loved ones. Insolvent people struggle to find financing and it may take them years to recover financially after losing all their assets.
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