When an individual or business is insolvent, or unable to pay the debts they owe, they may turn to bankruptcy for a fresh start. Chapter 7 bankruptcy, sometimes called liquidation, is one of the most common types of bankruptcy and is widely used by individuals, married couples, and businesses. Before petitioning for Chapter 7 bankruptcy, it is important to understand the benefits and risks. The knowledgeable and professional bankruptcy attorneys at our firm work primarily in this area and know what to expect. We help clients meet requirements and overcome obstacles at every stage of the process, from the initial determination of their eligibility for Chapter 7 all the way to the discharge from indebtedness that wipes the slate clean.
Chapter 7 bankruptcy can be a solution for those with few other options. It blocks creditors from trying to collect, while a trustee sells off the debtor's property to repay creditors to the extent possible. Debtors are allowed to keep exempt property, which can include equity in a home, a pension, a car, and other possessions. Because each state has its own rules, and because there is also a federal list of exemptions, it's important to consult an attorney about which assets will be liquidated. Debtors emerge from this process debt-free, unless they have certain debts that cannot erased by Chapter 7 such as child support, student loans, some tax debts and lawsuit liabilities. Our firm confidentially reviews these issues with clients to ensure that Chapter 7 is the right choice.
Before seeking protection under Chapter 7, debtors must be able to show that they received credit counseling from a government-approved credit counseling agency. They can then file a voluntary petition, along with detailed financial disclosure, with the bankruptcy court. This filing leads to an automatic stay, blocking most collection activity by creditors. A trustee is assigned to review the information and, within a few weeks, there is meeting of creditors, at which the debtor, under oath, must answer questions from the trustee and creditors. If all goes well, the debtor will receive a discharge from indebtedness. Strategic advice and technical assistance from a skilled attorney will prove invaluable at every step.
At our firm, we take pride in our familiarity with the requirements and nuances of all aspects of Chapter 7 bankruptcy filings. We've helped clients weigh the advantages of a fresh start against the harm to their credit rating and future borrowing ability. We’ve also helped clients decide between Chapter 7 and other forms of bankruptcy. We assist with:
- Voluntary petitions
- Schedules of exempt property
- Disclosure of income and expenses
- Secured and unsecured claims
- Creditor lists
- Statement of financial affairs
- Meeting with creditors
Individuals and businesses facing insolvency need sympathetic, effective bankruptcy law help and advocacy. Our firm provides the highest level of bankruptcy law representation to those in search of a way forward. If you would like to find out whether a Chapter 7 bankruptcy filing could help you, contact our team of expert bankruptcy law attorneys for an in-depth, confidential consultation. |