Know where you are legally
Every state has its own specific laws pertaining to the details of filing for Bankruptcy. If you are unsure of where to go to find state specific bankruptcy information, talk to a professional by calling 888-314-1403 (free call) before you go any further.
Chapter 7 Bankruptcy. What is it?Chapter 7 Bankruptcy Protection is a way for you to liquidate you assets and get out of debt. To put it simply, you hand over everything that is yours and non-exempt to a court appointed trustee who takes control of your assets. These assets are then sold to pay off the people to whom you owe money.
Am I eligible for Chapter 7 Protection?You must live in, own property, or have a business within the United States or its territories. You must not have competed a Chapter 13 Bankruptcy plan or had another Chapter 7 filing discharged within the previous 6 months.
Will I be debt-free?Yes and no. The law is there to protect honest debtors who simply cannot make good on the money they owe to creditors. Filing a Chapter 7 Bankruptcy is essentially a fresh start solution, wiping your credit problems clean. In reality it is not that simple. The law provides for non-dischargeable items, tax liens, child support, and others that cannot be stopped or removed from your credit under a Chapter 7 Bankruptcy filing. Get more information on non-dischargeable items.
Will I go to jail or lose my job?No. There is no way you are going to jail. The U.S. does not incarcerate debtors anymore. Your job will not be affected either, and unless you work for one of the creditors, they would never find out.
Can filing get the creditors off my back?Once you have filed for Bankruptcy protection and your creditors have been notified by the bankruptcy court (usually takes a few weeks), they must stop contacting you- period. No more phone calls or harassment.
What happens with my Property?Your non-exempt property will be turned over to the bankruptcy court after a detailed analysis of what you own. This is where having the right attorney makes all the difference. A good attorney will help you to retain more of what is yours in a Chapter 7 filing.
What debts can't be removed?There are debts that a Chapter 7 Bankruptcy filing will not help with. These are non-dischargeable debts and will typically include court judgements or payments owed as a result of a divorce or custody arrangement. For more specific information of what debt cannot be included in your filing click here to learn about non-dischargeable debt.
Other Bankruptcy Related Articles
- Bankruptcy Law : Chapter 7 & 13
- Alternatives to Filing for Bankruptcy Protection
- What is Chapter 13 bankruptcy and how will it affect me and my future?
- What Property Can I keep in Chapter 7 bankruptcy?
- Divorce Decrees and Bankruptcy Beginner's Guide
- Student Loans: Can these be settled when I file for Bankruptcy?
- Debts that cannot be included in a Chapter 7 Filing
- Statute of Limitations of Debt
- FAQ on Chapter 7 Bankruptcy Protection