A Guide for the Chapter 7 Bankruptcy Process
Payment Plan Available | Se Habla Español
Chapter 7 bankruptcy process can be helpful if you want to get rid of most of the debts. Contact Chang & Diamond, APC attorneys, to learn more.
Chapter 7 Bankruptcy Explained
If you are among those who are drowning in debt, there is a way out. Chapter 7 bankruptcy can be a powerful debt relief tool. This type of bankruptcy is also called liquidation bankruptcy since the debtor’s assets are liquidated and proceeds used to pay off creditors. Losing certain pieces of property is one drawback of this type of bankruptcy. Another one is that it can leave a serious mark on your credit report for the next 10 years.
Although there are drawbacks, Chapter 7 provides immediate relief to individuals who are in serious debt. If a bankruptcy judge accepts your bankruptcy petition, the court puts an “automatic stay” in place. This order stops creditors from trying to collect payments.
Chapter 7 bankruptcy can allow you to wipe out most of your debts. But you can’t get bankruptcy discharge for all your debts.
How Does Chapter 7 Bankruptcy Work
Filing bankruptcy is a big decision. However, the process is predictable and involves several steps:
- Take a credit counseling course from an approved credit counseling agency
- Complete the necessary bankruptcy forms
- Submit your bankruptcy petition to your local bankruptcy court
- Attend the 341 meeting with creditors
- Complete a debtor education course
Soon after bankruptcy filing, the bankruptcy court will appoint a trustee to your case. Their job is to oversee and administer your bankruptcy case. Your bankruptcy trustee will demand you send them certain financial records and documents, like tax returns and pay stubs. Failing to send them the requested documents may result in the court dismissing your case.
What Debts Can Be Discharged
Before deciding to file under Chapter 7 bankruptcy, analyzing whether your debts can be discharged is necessary.
Through this type of bankruptcy, you can eliminate many types of unsecured debt. These debts can include:
- Medical bills;
- Credit card debt;
- Utility bills;
- Unsecured personal loans and payday loans.
However, certain debts are nondischargeable. These debts include:
- Child support;
- Tax debts;
- Spousal support.
Unlike unsecured debts, secured debts are those that are secured by collateral. For example, a car can serve as collateral on a car loan. A creditor has the right to take the property if the debtor doesn’t pay what they owe. In bankruptcy, however, the debtor can choose to keep the property and agree with the creditor on new terms or get the property back to the creditor.
- Child support;
- Tax debts;
- Spousal support.
Unlike unsecured debts, secured debts are those that are secured by collateral. For example, a car can serve as collateral on a car loan. A creditor has the right to take the property if the debtor doesn’t pay what they owe. In bankruptcy, however, the debtor can choose to keep the property and agree with the creditor on new terms or get the property back to the creditor.
Who is Eligible for Chapter 7 Bankruptcy
The “means test” must be met by the debtor if they want to file under the Chapter 7 bankruptcy case. In case the debtor fails to fulfill the requirements of the cChapter 7 bankruptcy, the case may be converted to Chapter 13 bankruptcy by the bankruptcy court.
All filers except the disabled veterans, who file to eliminate the debt incurred while on active military duty or those filers with debt that came primarily from operating the business, must meet the requirements of Chapter 7. If the household income of debtors is below the state’s median level then they are eligible to file under Chapter 7 bankruptcy.
Chapter 7 Bankruptcy Exemptions
As the chapter 7 bankruptcy sometimes involves the gathering of the assets or property of the filer, and then these are sold before the elimination of the rest of the debt and to pay off the debt as much as possible.
However, bankruptcy law protects some of the property from being sold to pay off the debts. Such protections are called exemptions. They include real estate such as the filler’s residence, certain personal property, automobile, and wildcard exemptions. To determine what is exempt from being sold, many states allow the debtor to choose between state and federal exemptions. However, California fillers have to use the state exemption system.
What Properties Are Non-Exempt vs. Exempt Under Chapter 7?
When filing for bankruptcy, some pieces of property cannot be protected from creditors. The property which is not exempted may include expensive musical instruments (in case the debtor is not a professional musician), the collection of coins, stamps, and other valuable items and the family heirlooms. Cash, stocks, bank accounts, bonds, and other investments as well as a second truck or car, or a vacation home probably won’t be exempted.
Contact the Bankruptcy Lawyer
To achieve success in your bankruptcy case, it’s crucial to get the right help. Although you can file on your own, that is not always a good idea. Hiring a good bankruptcy attorney can make the difference between eliminating your debts or having your case dismissed.
If you are already overwhelmed by debt, let a capable bankruptcy lawyer help you on your journey to financial stability. Contact the law office of Chang & Diamond, APC, and let our bankruptcy attorneys provide you with representation or legal advice in your Chapter 7 bankruptcy case.