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The Bankruptcy Process: Chapter 7
A typical Chapter 7 bankruptcy case is relatively straightforward. You will spend most of your time completing the bankruptcy petition, schedules, and other forms, which will require you to list your debts, assets, financial transactions, and so on. Once you've filed your paperwork, the bankruptcy trustee takes over your case.
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Chapter 7 Bankruptcy for Corporations and LLCs
Filing for business bankruptcy means someone else steps in to liquidate your business’s assets and settle its debts (in this case, the bankruptcy trustee).
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The majority of people who file for Chapter 7 bankruptcy have what is often referred to as no-asset Chapter 7 bankruptcy cases. In a no-asset Chapter 7 case, you don't have any property that the bankruptcy trustee can take and sell in order to repay your creditors. Yours can be a no-asset Chapter 7 even
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What if I Don’t Qualify for Chapter 7 Bankruptcy?
If you find yourself needing to file bankruptcy and you don’t qualify for a chapter 7 under the means test, you still have debt relief options. There are a few options available depending on your...
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What to Do If You Fail the Chapter 7 Bankruptcy Means Test
In order to qualify for Chapter 7 bankruptcy relief, you must pass something called the means test. The means test looks at your income and expenses to determine if you can repay a certain portion of your unsecured debts to your creditors. If you can, then you don't qualify for Chapter 7 bankruptcy.
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The Statement of Intention in Chapter 7 Bankruptcy
When you file for Chapter 7 bankruptcy, you will have to file a Statement of Intention form. On this form, you tell the court, trustee, and creditors how you plan to handle your secured debts
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Can I File for Chapter 7 Bankruptcy If I Am Unemployed
There is no bar to filing for bankruptcy if you are unemployed. Like all Chapter 7 bankruptcy filers, you'll have to pass the means test in order to file for Chapter 7. The lower your income, the easier it is to pass.
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What to Expect at a Chapter 7 Reaffirmation Hearing
When you reaffirm a debt in Chapter 7 bankruptcy, you enter into a contract with your lender (called a reaffirmation agreement) that makes you personally liable for the obligation despite your bankruptcy discharge. Many debtors reaffirm secured debts in order to keep the asset pledged as collateral for
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Typical Attorney Fees in Chapter 7 Bankruptcy
While the average bankruptcy lawyer charges between $1,200 and $1,500 for Chapter 7 bankruptcy services, attorney fees can vary significantly. The actual cost you pay an attorney to prepare your bankruptcy depends on three primary factors: the area you live in, the complexity of your case, and the experience
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Chapter 7 Bankruptcy for Partnerships
A partnership is allowed to file for Chapter 7 bankruptcy. However, depending on the type of partnership and the value of the partnership assets, filing for Chapter 7 may not be a good solution for the partners. In fact, there are several big reasons why Chapter 7 is often not helpful to partnerships.
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How Long Will My Chapter 7 Bankruptcy Case Last?
When compared to many other legal matters, a Chapter 7 bankruptcy is a relatively quick process. As a general rule, you should expect your case to last approximately four to five months. This timeline, however, varies depending on where you live and where you file your case. In addition, several things may occur during your case that will extend the length of your Chapter 7 bankruptcy.
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Chapter 7 Bankruptcy Document Checklist
Using a checklist can help organize the documents you’ll need in a Chapter 7 case.
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Small Business Owners: Chapter 13 vs. Chapter 7 Bankruptcy
For most small business owners, Chapter 7 bankruptcy is a better option. But in some situations, Chapter 13 bankruptcy is the way to go.
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When Can Chapter 13 be Converted to Chapter 7?
When you file for Chapter 13 bankruptcy, you enter into a repayment plan to pay back some or all of your debts over three to five years. You don't lose any of your property, but instead fund your plan through your income.
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How long after filing for Chapter 7 bankruptcy can you file for Chapter 13?
How long after filing for Chapter 7 bankruptcy can you file for Chapter 13?
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What happens to my paid off car in a Chapter 7 Bankruptcy filing?
What happens to my paid off car in a Chapter 7 Bankruptcy filing?
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If I forget to list a debt in my Chapter 7 bankruptcy, will it be discharged?
Question I forgot to list a debt on my Chapter 7 bankruptcy petition and schedules. Now what happens? Will it be wiped out or will I still owe it? Answer That depends on where you live and whether you had assets in your bankruptcy case.
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Should I List Pending Lawsuits in My Chapter 7 Bankruptcy Case?
You may be tempted to leave pending lawsuits and claims you have against someone else off your Chapter 7 bankruptcy petition and schedules. But failing to disclose lawsuits and legal claims in your bankruptcy is a big mistake. It's an act of dishonesty which could lead the bankruptcy court to deny
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Should I File for Chapter 7 Bankruptcy If I Recently Purchased an Expensive New Car?
Learn how a car payment can affect bankruptcy qualification.
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Will Filing For Chapter 7 Bankruptcy Remove A Tax Lien?
Although you can get rid of some tax debts in Chapter 7 bankruptcy, if a tax lien has been recorded against your property, you are unlikely to be able to remove it in Chapter 7 bankruptcy. There are a few exceptions, however. Read on for details.
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If I forget to list a debt in my Chapter 7 bankruptcy, will it be discharged?
Question I forgot to list a debt on my Chapter 7 bankruptcy petition and schedules. Now what happens? Will it be wiped out or will I still owe it? Answer That depends on where you live and whether you had assets in your bankruptcy case.
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Will Chapter 7 Bankruptcy Prevent a Car Repossession?
If you are not making timely car loan payments, Chapter 7 bankruptcy cannot permanently prevent a car repossession. However, Chapter 7 can temporarily delay the lender from repossessing your car and allow you more time to negotiate or cure your default.
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Will Chapter 7 Bankruptcy Stop an Eviction?
Bankruptcy's automatic stay will prevent your landlord from beginning or continuing with eviction proceedings during your Chapter 7 bankruptcy. However, there are two important exceptions to this rule. In addition, the landlord can always ask the judge to lift the stay, and courts tend to grant these requests.
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What happens to my paid off car in a Chapter 7 Bankruptcy filing?
What happens to my paid off car in a Chapter 7 Bankruptcy filing?
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Your Personal Property in Chapter 7 Bankruptcy
When filing for Chapter 7 bankruptcy, many debtors are able to keep most or all of their personal property. What you are allowed to keep depends on what property is deemed "exempt" by your state or the federal bankruptcy exemptions.
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Should I File for Chapter 7 Bankruptcy If I Recently Purchased an Expensive New Car?
Learn how a car payment can affect bankruptcy qualification.
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Will Chapter 7 Bankruptcy Stop an Eviction?
Bankruptcy's automatic stay will prevent your landlord from beginning or continuing with eviction proceedings during your Chapter 7 bankruptcy. However, there are two important exceptions to this rule. In addition, the landlord can always ask the judge to lift the stay, and courts tend to grant these requests.
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Lifting the Automatic Stay in Chapter 7 Cases
One of the most attractive consequences of filing a bankruptcy petition is the automatic stay. In a previous article, I discussed the importance of the automatic stay in bankruptcy. As I wrote...
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Property Abandonment in Chapter 7 Bankruptcy
If the trustee abandons some of your property in Chapter 7 bankruptcy, that usually means you get to keep the property. Learn what property abandonment is in Chapter 7 bankruptcy, when the trustee might abandon property, and the methods used for property abandonment.
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How Is Income From Child Support Treated in Chapter 7 Bankruptcy?
If you file for Chapter 7 bankruptcy and receive child support, you may be concerned about losing ongoing child support payments, payments you received before you filed for Chapter 7 bankruptcy, or child support arrears.
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Should I Surrender My Car in Chapter 7 Bankruptcy?
If you owe money on your car and you file for Chapter 7 bankruptcy, you must decide whether you want to keep your car or surrender it.
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Can I Keep My TV in Chapter 7?
If your television or other media equipment is worth little, then most likely you will be able to keep it in Chapter 7 bankruptcy. However, if your TV, VCR, DVD player, or other media device is worth a lot, or it serves as security for a loan, keeping it may not be automatic.
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Can I Keep My Cash in Chapter 7 Bankruptcy?
If you have cash on hand when you file for Chapter 7 bankruptcy, you may be able to keep some or all of it. Both federal and state laws provide exemptions that allow debtors to keep a certain amount of cash when they file for Chapter 7 bankruptcy.
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What Happens to a Car Lease in Chapter 7 Bankruptcy?
What happens to your car lease in Chapter 7 bankruptcy depends on whether you are behind on your payments and on what the bankruptcy trustee decides to do with the lease – the trustee can assume or reject the car lease.
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Can I Keep My House If I File for Chapter 7 Bankruptcy?
Can I Keep My House If I File for Chapter 7 Bankruptcy? This is a common question from most of my clients. Usually the house is an issue that is also a main factor when determining if one should file for chapter 7 or chapter 13...