Chapter 7 Bankruptcy
Chapter 7 bankruptcy is a liquidation proceeding. The debtor turns
over all non exempt property to the bankruptcy trustee, who then
converts it to cash for distribution to the creditors. The debtor
receives a discharge of all discharageable debts.
To file a Chapter 7 bankruptcy:
- You must reside or have a domicile, a place of business, or
property in the United States or a municipality.
- You must not have been granted a Chapter 7 discharge within the
last 6 years or completed a Chapter 13 plan.
- You must not have had a bankruptcy filing dismissed for cause
within the last 180 days.
- It must not be a "substantial abuse" of Chapter 7 to
grant the debtor relief. Generally speaking, if after you pay the
monthly expenses for necessities there is not enough money to pay
the remaining monthly debts, then granting a discharge would not be
an abuse of Chapter 7.
- It would not be fundamentally unfair to grant the debtor relief
under Chapter 7.
The most common reasons for consumer bankruptcy are:
- Unemployment
- Large medical expenses
- Seriously over extended credit
- Marital problems
- Large unexpected expenses
Disclaimer:
This information deals with Chapter 7 consumer bankruptcy. Each state
has its own bankruptcy laws, so you need to check with your state for
details. Information dealing with Chapter 13 bankruptcy and consumer
debt restructuring is not discussed in the above FAQs. The information
contained in the following FAQs is provided for general information
purposes only and is not intended to be a legal opinion nor legal advice
nor is it intended to be a complete discussion of all the issues related
to the area of Chapter 7 consumer bankruptcy. Every individual's factual
situation is different and you should seek independent legal advice
regarding specific information.
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