Bankruptcy Counseling Help San Jose CA

Bankruptcy Counseling

Financial distress is a legally declared situation in which a person is unable to pay debts as expected. There are mainly two chapters in which an individual can file a petition. These are chapters 7 and 13. Chapter 7, also known as the liquidation chapter allows for an appointed trustee to sell off the assets of the debtor and the proceeds divided among the creditors. Once this has been done, the debtor is discharged of any responsibilities towards the lien.

The creditors too are issued with an order that restrains them from making payment demands from the debtor. Under chapter 13, the debtor makes a repayment plan and is allowed to keep the property as long as they can make monthly payments to pay off their debts. In both chapters, the court requires that the debtor goes through bankruptcy counseling which is done before and after filling the petition.

Pre-discharge education enables the debtor to weigh the available options, the disadvantages and advantages of each and then make informed decisions. Once the debtor has completed the first bankruptcy counseling session and before they can be able to be discharged from any responsibilities towards the debt, they must go through a pre-discharge education.

This is helpful as it will ensure that the debtor will handle finances in future. This is also a chance for the debtor to clearly see where they went wrong previously with their finances. The officer from the agency will help the debtor make informed decisions on how to handle financial crisis. Bankruptcy counseling is a good chance for all people who have once been faced with economic hurdles to get an education on how to go about financial problems.

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