Chapter 7 Bankruptcy is one of the two forms of bankruptcy available to American consumers who have more debt than they can pay back. Chapter 7 bankruptcy debt is often a combination of different unsecured debts, such as credit card debt, personal loans, and medical bills. Chapter 7 bankruptcy is an effective and legal way to obtain debt relief by wiping out or “discharging” these types of debts. The typical Chapter 7 bankruptcy case will take about three months.
File for Chapter 7 Bankruptcy
Before anyone can file for bankruptcy, you must first complete a mandatory credit counseling course, which can be done online and typically takes an hour. If you are in a hurry to file for Chapter 7, taking the credit counseling class is something you should do right away. As part of the Chapter 7 bankruptcy process, you will be expected to present a thorough understanding of your current financial situation. This is done by filling out a bankruptcy petition and bankruptcy schedules and then presenting them to the court. Ensuring a fast Chapter 7 bankruptcy depends on how accurate you file out your bankruptcy schedules and therefore, it is highly advisable you enlist the help of an Auburn bankruptcy attorney when filing. A bankruptcy lawyer can explain common pitfalls in filling out bankruptcy petition and offer you legal advice on how to answer the many questions asked in the schedules.
After Filing Chapter 7 Bankruptcy
Within 40 days, and not sooner than 20, the Bankruptcy Court will schedule a 341 meeting of creditors in which you will meet with the bankruptcy trustee assigned to manage your bankruptcy case and answer questions about your income, assets, and debts. Your bankruptcy attorney should prepare you for and attend the meeting of creditors with you, but you must answer the questions.
Things that Slow Down Chapter 7 Bankruptcy
There are a few situations that can cause your Chapter 7 bankruptcy to slow down. These instances include if the bankruptcy trustee must sell an asset you own in order to pay back creditors, if the trustee needs additional documentation or information, or if there is a motion or complaint brought about by litigation in a lawsuit.
Getting a Chapter 7 Bankruptcy Discharge
After your 341 meeting of creditors you are well on your way to discharging an applicable debt. There is a second course required to receive your discharge called the financial management course. I like my clients to complete this course before we even meet with the trustee. After the trustee meeting, you should expect a discharge within 60-70 days, which will complete your Chapter 7 bankruptcy process.
Categorized in: Chapter 7