Chapter 7 Bankruptcy Information: The How And Tao
Friday, January 29th, 2010From the beginning of America’s recent recession through the present day, there has been a lot of talk about debt and bankruptcy. Since it is perhaps the clearest way for debtors to get a clean slate and get on with their lives, there is a lot of Chapter 7 bankruptcy information that is helpful to know. Anyone in serious financial trouble, however, should definitely consider seeing a lawyer that specializes in bankruptcy law. That being said, what does Chapter 7 bankruptcy mean for debtors and who can apply for it?
A Chapter 7 bankruptcy is one way of getting clear of insurmountable debts. With a Chapter 7 filing, all property not exempted under federal or state law is subject to liquidation. Those assets are sold to reimburse creditors, and then the remainder of the debts is erased. Under Chapter 7, debtors do not have to repay their creditors under a repayment plan beyond what occurs in the liquidation phase.
It doesn’t matter how much a creditor is owed by a debtor or even whether the creditor can pay the debt back over an extended period of time. So long as the debtor has applied for counseling from an approved credit or financial service 180 days prior to their filing for Chapter 7 and hasn’t been disrespectful of the courts proceedings in that same period, any corporation, individual, or partnership can apply for Chapter 7.
However, there are checks to make sure that people aren’t simply abusing the system to get out of paying their debts. The courts have what is called a means test to determine whether or not someone is filing a so-called abusive petition.
The first part of the test depends on how much an individual has earned monthly over the past five years in comparison to the median income of the state they’ve resided in during that period. Unsecured debt, or debt that isn’t secured by some form of collateral, is key to understanding the second part. Usually, credit card debt is unsecured debt. Your expenses cannot go beyond twenty five percent of their unsecured debt, otherwise the court perceives that the debtor is filing an abusive claim. At that point, the debtor will either have his case dismissed or have to file for Chapter 13.
A Chapter 13 claim is very different from a chapter 7 claim. Under Chapter 13, a debtor is placed under a five-year repayment plan to his creditors. The amount left over after that period is dismissed under Chapter 7, and no property is liquidated.
Very little is exempted during the Chapter 7 process, so debtors who want to keep their house and motor vehicle, amongst other things, should probably not file for Chapter 7. Also, if the debtor owns a business and wishes to keep it going, they should probably seek alternative means of declaring bankruptcy. One alternative is settling with debtors outside of the court system and finding a payment plan through negotiation.
Whatever a debtor ultimately decides to do, with the Chapter 7 bankruptcy information that is evident, their finances are going to be critiqued heavily. The court system, including Chapter 7 filings, is only meant to benefit trustworthy debtors who want a fresh start.
Learn the answers to Chapter 7 Bankruptcy FAQ and Chapter 13 Bankruptcy FAQ most frequently asked legal questions. Anyone in serious financial difficulty should consider seeing a lawyer that specializes in bankruptcy law.