Chapter 7 Bankruptcy Protection

Gustan Cho Associates

What Is Chapter 7 Bankruptcy Protection

Chapter 7 Bankruptcy Protection 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 dischargeable debts. Consumers who file for Chapter 7 Bankruptcy Protection and gets their debts discharged will be debt free and no longer owe any creditors. Outstanding collection accounts and judgments all get discharged through a Chapter 7 Bankruptcy. There are certain debts such as government loans such as student loans, tax liens, and government fines that are not exempt with a Chapter 7 Bankruptcy. Child support payments are also excluded from being discharged with a Chapter 7 Bankruptcy.

To File a Chapter 7 Bankruptcy Protection

  • 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.

Related> Waiting Period after Bankruptcy for FHA Loans

The information contained on Gustan Cho Associates website is for informational purposes only and is not an advertisement for products offered by The Gustan Cho Team @ Gustan Cho Associates or its affiliates. The views and opinions expressed herein are those of the author and/or guest writers of Gustan Cho Associates Mortgage & Real Estate Information Resource Center website and do not reflect the policy of Gustan Cho Associates Lenders Network, its officers, subsidiaries, parent, or affiliates.

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