Chapter 7 Bankruptcy
(Disclaimer: The information contained on this page is provided for general information purposes only and is not intended to be a legal opinion, legal advice or a complete discussion of the issues related to the area of consumer bankruptcy. Every individual's factual situation is different and you should seek independent legal advice from an attorney familiar with the laws of your state or locality regarding specific information.)
The Bankruptcy Code is divided into chapters. The chapters which almost always apply to consumer debtors are chapter 7, known as a "straight bankruptcy", and chapter 13, which involves an affordable plan of repayment.
An important feature applicable to all types of bankruptcy filings is the automatic stay. The automatic stay means that the mere request for bankruptcy protection automatically stops and brings to a grinding halt most lawsuits, repossessions, foreclosures, evictions, garnishments, attachments, utility shut-offs, and debt collection harassment. It offers debtors a breathing spell by giving the debtor and the trustee assigned to the case time to review the situation and develop an appropriate plan. In most circumstances, creditors cannot take any further action against the debtor or the property without permission from the bankruptcy court.
In a chapter 7 case, the bankruptcy court appoints a trustee to examine the debtor's assets to determine if there are any assets not protected by available "exemptions". Exemptions are laws that allow a debtor to keep, and not part with, certain types and amounts of money and property. For example, exemption laws allows a debtor to protect a certain amount of equity in the debtor's residence, motor vehicle, household goods, life insurance, health aids, retirement plans, specified future earnings such as social security benefits, child support, and alimony, and certain other types of personal property. If there is any non-exempt property, it is the Trustee's job to sell it and to distribute the proceeds among the unsecured creditors. Although a liquidation case can rarely help with secured debt (the secured creditor still has the right to repossess the collateral if the debtor falls behind in the monthly payments), the debtor will be discharged from the legal obligation to pay unsecured debts such as credit card debts, medical bills and utility arrearages.
However, certain types of unsecured debt are allowed special treatment and cannot be discharged. These include student loans, alimony, child support, criminal fines, and some taxes.
This is a simple and speedy proceeding and may be more economical than cases filed under the other bankruptcy chapters. In most cases, post petition income belongs to the debtor. To a limited extent, liens may be voided or a debtor may save encumbered property by paying off the value of the collateral only and not the full amount of the unpaid debts.
A discharge may be denied because of certain acts committed before or after filing. Not all debts are dischargeable under this Chapter. Payments to creditors, over $600.00 in the last three months and any payments to relatives or friends within one year of the date of filing may be recovered by the trustee. Also, property transferred without a fair consideration may be recovered by the trustee.
The Law Office of Douglas L. Barrett, LLC is designated as a Federal Debt Relief Agency by an Act of Congress and the President of the United States. We are proud to assist good people in bad situations file for protection under the U.S. Bankruptcy Code.
The Bankruptcy Code is divided into chapters. The chapters which almost always apply to consumer debtors are chapter 7, known as a "straight bankruptcy", and chapter 13, which involves an affordable plan of repayment.
An important feature applicable to all types of bankruptcy filings is the automatic stay. The automatic stay means that the mere request for bankruptcy protection automatically stops and brings to a grinding halt most lawsuits, repossessions, foreclosures, evictions, garnishments, attachments, utility shut-offs, and debt collection harassment. It offers debtors a breathing spell by giving the debtor and the trustee assigned to the case time to review the situation and develop an appropriate plan. In most circumstances, creditors cannot take any further action against the debtor or the property without permission from the bankruptcy court.
In a chapter 7 case, the bankruptcy court appoints a trustee to examine the debtor's assets to determine if there are any assets not protected by available "exemptions". Exemptions are laws that allow a debtor to keep, and not part with, certain types and amounts of money and property. For example, exemption laws allows a debtor to protect a certain amount of equity in the debtor's residence, motor vehicle, household goods, life insurance, health aids, retirement plans, specified future earnings such as social security benefits, child support, and alimony, and certain other types of personal property. If there is any non-exempt property, it is the Trustee's job to sell it and to distribute the proceeds among the unsecured creditors. Although a liquidation case can rarely help with secured debt (the secured creditor still has the right to repossess the collateral if the debtor falls behind in the monthly payments), the debtor will be discharged from the legal obligation to pay unsecured debts such as credit card debts, medical bills and utility arrearages.
However, certain types of unsecured debt are allowed special treatment and cannot be discharged. These include student loans, alimony, child support, criminal fines, and some taxes.
This is a simple and speedy proceeding and may be more economical than cases filed under the other bankruptcy chapters. In most cases, post petition income belongs to the debtor. To a limited extent, liens may be voided or a debtor may save encumbered property by paying off the value of the collateral only and not the full amount of the unpaid debts.
A discharge may be denied because of certain acts committed before or after filing. Not all debts are dischargeable under this Chapter. Payments to creditors, over $600.00 in the last three months and any payments to relatives or friends within one year of the date of filing may be recovered by the trustee. Also, property transferred without a fair consideration may be recovered by the trustee.
The Law Office of Douglas L. Barrett, LLC is designated as a Federal Debt Relief Agency by an Act of Congress and the President of the United States. We are proud to assist good people in bad situations file for protection under the U.S. Bankruptcy Code.
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