Chapter 7 vs. Chapter 13
Chapter 7 bankruptcy is a liquidation proceeding in which the debtor's non-exempt assets, if any, are sold by the Chapter 7 trustee and the proceeds distributed to creditors according to the priorities established in the Code. In most of our consumer Chapter 7 cases, the debtors are able to exempt and keep everything that they own and they are considered "no-asset" cases.
Eligibility to file Chapter 7 is determined by the means test instituted with the 2005 amendments to the bankruptcy code.
Chapter 7 is generally the simplest and quickest form of bankruptcy and is available to individuals,
married couples, corporations, and partnerships.
Filing Chapter 7
The case is begun by filing the official petition, schedules, and statement of financial affairs.
These forms prompt you to list all of your assets and all of your debts, along with some recent
financial history.This is the most important and most time-consuming part of a bankruptcy filing.
It is important that every creditor is listed in the schedules with an accurate mailing address.
You must list all of your debts, even if the debt is not dischargeable or if you intend to reaffirm
The schedules also list your property, any debts secured by that property, and the sale value
of the property."Property" means "assets" or "possessions", not just real estate. The schedules
are signed by the debtor under penalty of perjury.
The schedules are filed with the bankruptcy court in the district in which you live, or have
lived for the greater part of the last 180 days.
For most purposes, the rights of the debtor and the creditors are those that exist on the day
the case is filed. All of the proceedings in bankruptcy after the filing relate to the situation
as it was on the day the case was filed.
Chapter 13 bankruptcy is a repayment plan that protects the debtor from collection action during the case and discharges any unpaid balance of dischargeable debts at the end of the plan.
In Chapter 13, the debtor can impose a debt management plan on creditors, which creditors must accept, stopping the running of interest on credit card debt. The court will enforce the plan against uncooperative creditors. The discharge in Chapter 13 covers many debts that cannot be discharged in Chapter 7. It is a powerful tool for debtors to regain control of their financial lives and to get a meaningful fresh start.
Stop Creditors in their tracks. Save your home and assets. Stop foreclosure. Call today for your FREE Consultation for Chapter 7 and Chapter 13 Consumer Bankruptcy Cases.