Chapter 7 is a type of consumer bankruptcy case often called a “straight bankruptcy”. It is the most common way that individuals (or married couples) file personal bankruptcy. In a Chapter 7 case, a bankruptcy petition will be filed asking the Court to give you a discharge (to wipe out) your debt. Almost all debts can be erased in a Chapter 7 case. A few types of debts, like student loans, will usually (but not always) survive a bankruptcy case. Most Chapter 7 cases last about 100 days from filing to finish. During the case there is one hearing called a “341 Meeting” that is recorded and conducted under penalty of perjury where the client must attend. You want a good attorney to be present and represent you at that meeting.
In a Chapter 7 case, you list all of the property you own and list your income and expenses. The Court assigns a Trustee to oversee the case. The Trustee’s job is to ensure there is no fraud and to determine if there is any property they can sell for creditors. That may sound scary at first – but it’s actually very rare that anyone loses anything in a Chapter 7 case. Many people’s first thought about bankruptcy is that if they file they will lose their home or their cars. That is virtually never the case as long as the bankruptcy petition is prepared and analyzed correctly ahead of time by a skilled attorney. The key to not losing anything is proper exemption planning – that’s where a good lawyer comes in. Here at the Bodie Law Firm, we have the experience and know how to ensure you never go in to a Chapter 7 case with the risk of losing something. Contact us today to find out more about a Chapter 7 case.
Disclaimer: We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. Nothing contained in this website should be construed as legal advice. Consult with an attorney for advice regarding your individual situation. Contacting us through this website does not create an attorney-client relationship. Nothing in this website is intended as tax advice, nor is it intended to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. Attorney Brett Bodie is responsible for this website.