Chapter 7

Chapter 7 bankruptcy is a “Fresh Start” bankruptcy provided by wiping out most or all of your unsecured debt, such as credit card payments and medical bills. Contrary to common misunderstandings, you may be allowed to keep all of your possessions. At Hedtke Law Firm, we can explain your options and guide you in filing Chapter 7 bankruptcy.

Chapter 7 bankruptcy is liquidation. That means that a bankruptcy trustee will sell (“liquidate”) certain property that you own at the time you file the bankruptcy case if not exempted. The trustee uses the proceeds of the sale to pay creditors. In most cases, you will not have any assets that the trustee can sell because of state and federal laws that may allow you to keep necessities. These laws are called “Exemption Laws” and the property that the trustee may sell is known as “non-exempt” property. If all of your property is Exempt, the trustee will not sell any of your property.

About 90 days after you file Chapter 7, most of your debts will be discharged, if yours is the typical case. This means you are no longer liable to pay the debt. Some debts are not discharged, however, and you still must pay them. Examples include past-due child support payments, criminal fines, some taxes and student loans. Debts for which you have pledged Collateral (such as cars, homes and household goods) also do not go away entirely in a bankruptcy unless you surrender the Collateral.

Filing for bankruptcy allows you to discharge only the debts you list at the time of the bankruptcy case (your “pre-petition” debts). You must pay debts you incur after the filing the bankruptcy case as usual. You may keep the money that you earn after filing a Chapter 7 bankruptcy cases, as well as most other property that you obtain after the filing.

Who Can Declare Chapter 7 Bankruptcy?

Chapter 7 can be a fast, simple and effective way to deal with unmanageable debt-but it isn’t a solution for everyone. Hedtke Law Firm can help you decide if Chapter 7 is right for you and whether there are any risks to your assets if:

You have no other recent bankruptcy. If your debts have been discharged in a Chapter 7 bankruptcy within the past eight years or in a Chapter 13 bankruptcy within the past six years, you cannot file Chapter 7 bankruptcy.

You meet low-income standards. In this case, “low income” means that your current monthly income is less than or equal to the median income for a California family of your size. If your income is greater than the median, you must meet a bankruptcy means test to qualify for Chapter 7 bankruptcy. The means test helps to determine if your disposable income is sufficient to repay at least some of your unsecured debt.

You have received credit-counseling services To qualify for relief under Chapter 7, you must have participated in a credit-counseling program with an approved agency within 180 days prior to filing. In addition, if bankruptcy court rules that you’ve concealed property or assets, lied about your income on a credit application, or engaged in other dishonest activities, your case may be dismissed. Truthfulness is absolutely essential when filing bankruptcy.

What Does Filing Chapter 7 Bankruptcy Involve?

Hedtke Law Firm can assist you in completing the paperwork necessary to file Chapter 7 bankruptcy and answer any questions you may have regarding Chapter 7 bankruptcy rules.

First you must prepare a voluntary bankruptcy petition and in-depth schedules of your assets, liabilities, income and expenses. You must also furnish proof of income, copies of your most recent tax returns, and confirmation that you’ve participated in credit counseling prior to filing, as required by law.

Between 20 and 40 days after you file your petition, the case trustee will call a meeting of creditors, which you’ll attend with your bankruptcy lawyer. You’ll answer questions to demonstrate that you understand the potential consequences of filing Chapter 7 bankruptcy. You may also be asked for additional information about your financial situation.

If there are no objections to your petition or schedules, you should receive your discharge from debt within 90 days following the meeting of creditors. A Chapter 7 discharge is a release from any personal liability for most of your debts, and it prevents the creditors associated with these debts from taking any further collection action against you.

When your bankruptcy petition has been filed electronically with the help of your bankruptcy lawyer, an automatic stay will go into effect. This temporary order protects you from further collection attempts and the threat of repossession or foreclosure on your home or other property.

How Much Property Do I Keep?

Only Exempt property, which usually means necessities. A Trustee appointed by the court will sell the rest of your property to pay people you owe (your Creditors).

How Much Time Does it Take?

Two to three months.

What Happens to My Credit Report?

Stays on your credit report for 10 years.

What Happens to my Retirement Account or Pension if I File Bankruptcy?

You will be allowed to keep it.

To schedule a free consultation, please call Hedtke Law Firm today at our Upland office at: 909 579-2233 or Chino office: 909 457 0183 or Moreno Valley office at: 951 746 1722.

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