Chapter 7 Bankruptcy is a solution grounded in the original U.S. Constitution that recognizes that a person buried so deeply in debt is not likely to further add to society if they cannot be given a new start. Walt Disney went bankrupt, and then he got a fresh start with better financial controls and his talents made Disney a Dow stock! Bankruptcy shifts the burden of credit towards creditor wariness of extending credit unless they know the risks of not getting paid, because a debtor may be relieved of debt through bankruptcy. It becomes an underlying premise of commerce.
My firm will meet with you, evaluate your situation, and recommend chapter 7 bankruptcy if it is the appropriate solution. I have done hundreds of bankruptcies, and through that experience have a sharper and sharper appreciation of tactics and strategies to help my clients successfully go through the process.
Chapter 7 ( Ch. 7) Bankruptcy does give you a fresh start, debt relief, and frees you from most unsecured debts.
You do not have to have the full fee upon meeting, but I usually don’t actually file until I have received my fee. I can possibly ward off creditors in the interim. Fee in most cases is $999, plus court filing fees .
What is a bankruptcy discharge under Chapter 7 of the U.S. Bankruptcy Code?
A discharge is a court order releasing a debtor from his or her dischargeable debts and ordering the creditors not to attempt to collect them from the debtor. The debtor is released from any obligation to pay the debt.
What is a Chapter 7 bankruptcy estate?
When a person files for a Chapter 7 or a Chapter 13 bankruptcy petition, a Bankruptcy Court trustee takes possession of all of the assets of the debtor. Some of the assets or property of the debtor may be exempt, that is, protected by law from claims of creditors. Exemptions typically include things such as unpaid wages, home equity, household furniture and personal effects. A bankruptcy attorney can inform you about your available exemptions. The trustee will usually convert nonexempt property that is turned over to the bankruptcy estate into cash which is then used to pay fees and expenses of trustee, to pay the claims of priority creditors, and if there is anything left, to pay the claims of unsecured creditors.What is a bankruptcy discharge under Chapter 7 of the U.S. Bankruptcy Code?
Who is eligible for a Chaptere 7 bankruptcy discharge?
A person who has been granted a bankruptcy discharge under Chapter 7 filed within the last eight (8) years is not eligible for a discharge. Similarly, a person who has been granted a discharge in a Chapter 13 bankruptcy case that was filed within the last six (6) years is not eligible for a discharge unless seventy percent (70%) or more of the debtor’s unsecured claims were paid off in the Chapter 13 case. There are other reasons why a person or business cannot file a bankruptcy petition and you should consult with an experienced bankruptcy attorney.
What debts are not dischargeable in Chapter 7?
Some debts are absolutely non-dischargeable in a Chapter 7 case such as most tax debts; debts for obtaining money or property under false pretenses; debts not listed on the bankruptcy petition forms; debts for fraud, embezzlement or larceny; debts for domestic support obligations such as alimony or support; debts for intentional or malicious injury to personal property if a creditor files a complaint in the bankruptcy case; debts for certain fines or penalties; debts for most educational benefits and student loans; debts for personal injury or death caused by a debtor’s operation of a motor vehicle while intoxicated; and debts that would or could have been listed in a previous bankruptcy case in which the debtor did not receive a discharge.
(debts and bankruptcy)
Call me 401-884-1962 Attorney Nelson F. Brinckerhoff
