Chapter 7 Bankruptcy Laws – an Expalnation
There are perhaps two major aspects to filing under the chapter 7 bankruptcy laws, one positive, and one negative.
Probably the most positive and favored aspect to the chapter 7 bankruptcy laws is that an individual emerges completely free of liability for any debt (although there are some exceptions). The negative aspect is that virtually all an individual’s worldly possessions have to be sold to compensate creditors as far as possible, whereas chapter 13 bankruptcy requires no such liquidation.
An individual’s credit record will keep a bankruptcy on record for a period of 10 years if filed under chapter 7, but only 7 years if bankruptcy was filed under chapter 13.
Once a Chapter 7 bankruptcy has been filed, the individual filing then has the protection of the court by means of an “order of relief” and “automatic stay”.
This protects the individual in that any creditor may no longer contact the individual directly to seek repayment of debt, even if a foreclosure notice has been served.
There are some exceptions to debt that can be legally discharged under any type of bankruptcy, including, but not limited to alimony and outstanding tax demands.
If the main cause of bankruptcy is due to debt that cannot be discharged under chapter 7 bankruptcy laws, chapter 13 with it’s repayment schedule is the way forward.
These are the steps to a chapter 7 bankruptcy application:
1. The court will require income details, together with a list of personal posessions and their market value, and a list of debts and creditors.
2. Bankruptcy forms once completed should be deposited with the nearest Federal court.
3. The individual is then protected from their creditors by means of an “order of stay”, which prohibits any creditor from contacting the individual concerned.
4. Afrer approximately 30 days, an individual will be required to attend a “Meeting of Creditors”. It is at this meeting that it is confirmed, after examination under oath, that they cannot repay their debts, and if confirmed, discharge will be approved.
5. Under the supervision of a trustee, appointed by the court, the individuals assets are then sold to repay as much debt as possible.
6. After approximately 2 – 3 months the discharge is granted by the court and a discharge notice issued.
7. With the exception of non-exempt debt, there is no further liability for any debt on behalf of the individual after the discharge notice is granted.
Individuals are granted a Chapter 7 discharge in 99% of cases.
Grounds for denying a discharge under chapter 7 bankruptcy laws are:
1. The individual did not provide accurate accounts.
2. Failure to explain any loss of assets
3. The individual was seeking bankruptcy under criminal circumstances.
4. An order of the bankruptcy court was broken.
5. The individual concealed, destroyed or transferred any property that belonged to their estate.
In the case of 5, above, should the circumstances detailed be found out after a discharge, the discharge may be revoked.
Sometimes, items that an individual is still paying for, such as a classic motorcycle, can be kept by the individual, using a process called “reaffirmation”.
This is an agreement between the individual and the creditor, agreeing that the property may be kept as long as repayments are maintained. This must be in writing, filed with the court and done so before the granting a discharge.
There are others, but chapter 11 and chapter 13 are the usual alternative bankruptcy types.
Chapter 11 is mainly for businesses and chapter 13 does not include the sale of personal property.
Repayment of debt is still the leading principle of bankruptcy. Should it be decided via means testing that an individual can repay their debt over the longer term (3 – 5 years), they will be forced into a chapter 13 filing by the court.
If you would like more free inIf you would likemation on chapter 7 bankruptcy laws and other areas of bankruptcy, including rebuilding your creditworthiness after bankruptcy, visit www.howtoclaimbankruptcy.net. Get a totally unique version of this article from our article submission service
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