What is A Chapter 7 Bankruptcy?
A Chapter 7 bankruptcy is a liquidation bankruptcy that is filed to cancel unsecured debt and obtain a fresh start. The filing of a chapter 7 bankruptcy stops all collection activity, including phone calls, letters and legal action.
Debts associated with credit cards, unsecured loans and garnishments can be cancelled. Certain debts, however, cannot be cancelled. This will be reviewed in detail at your initial consultation.
Contact us today to find out if a chapter 7 bankruptcy is right for you.
Unlike Chapter 13, a Chapter 7 bankruptcy case does not involve the filling of a plan of repayment. Instead, your nonexempt assets are gathered and sold, while the proceeds are used to pay creditors in accordance with the Bankruptcy Code. Some of your property may be subject to liens and mortgages pledging the property to other creditors. Likewise, the Bankruptcy Code will allow you to keep certain exempt property; but remaining assets will be liquidated.
Potential debtors should understand filling a petition under Chapter 7 may result in the loss of property.
Eligibility for Chapter 7 Bankruptcy
In order to qualify for relief under Chapter 7 of the Bankruptcy Code, potential debtors must be an individual, a partnership, or a corporation or other business entity. Individual eligibility will be discussed during your initial consultation following the definitions listed in 11 U.S.C. §§ 101(41), 109(b). Chapter 7 relief is available regardless of the amount of debt or whether the debtor is solvent or insolvent.
Note that you may not file under Chapter 7 (or any other chapter) if during the preceding 180 days a prior bankruptcy petition was dismissed due to willful failure to appear before the court or comply with orders of the court, or if a previous case was dismissed after creditors sought relief from the bankruptcy court to recover property upon which they hold liens.
Chapter 7 Bankruptcy Attorney Fees From $600
Payment Plans Available