First we meet for a free consultation. At the consultation we will discuss if bankruptcy is a good option for you. If I determine that you qualify for chapter 7 and that bankruptcy is the best option for you, I will give you some forms to fill out and tell you what documents I need from you. Once you fill out the forms and bring in the required documents we can have your bankruptcy filed within a week or two. You will have to attend a meeting of creditors approximately a month after we file the bankruptcy. After that meeting, you wait another 60 to 70 days and you will receive the discharge papers in the mail.
Chapter 7 bankruptcy is the process you go through to clear all of your unsecured debt. This means credit card bills, medical bills, utility bills, repossessions , foreclosures and any unsecured loans. In order to qualify for chapter 7 you can’t be making over a certain amount and you can’t have too many assets. At our free consultation we will be able to determine if you will qualify for chapter 7 or not. The majority of my clients qualify for chapter 7 and get a brand new fresh start. If you don’t qualify for chapter 7 you would have to file a chapter 13 which is like a payment plan with the court.
What is the procedure for filing Chapter 7 Bankruptcy?
What does chapter 7 NOT get rid of?
- most tax debts
- most student loans
- child support, alimony
- court fines & criminal restitution
- personal injury cases that were caused by drunk driving or driving under the influence of drugs.
- any debt that was incurred through the act of fraud
How Can Filing for Chapter 7 Help Me?
- As soon as we file the bankruptcy something called an automatic stay is put into effect. This means that no creditor is allowed to contact you anymore. Finally, the annoying and harassing phone calls have to stop. Also, creditors can’t sue you or garnish any of your wages . This is put into effect automatically once we file.
- Chapter 7 completely gets rid of your credit card debt, medical bills, utility bills, civil judgments, and any other unsecured debt you have.
- Chapter 7 can stop utility shut offs automatically.
- You can surrender your car or house in the bankruptcy and not have to pay the remaining debt.
- If you want to keep your car you may be able to negotiate better payments.
- If a creditor has garnished more than $600 from you within 90 days of filing the bankruptcy, you can usually get that money back.
- You can finally have a fresh start and this hard time will be a distant memory for you.