Chapter 7 Bankruptcy: When To File And How To File?

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Chapter 7 Bankruptcy: When To File And How To File?

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Chapter 7 is by far the most preferred and the most common bankruptcy chapter across the years. Chapter 7 bankruptcy might be lucrative, but it does not mean it is the best available option for all the filers. Hence, we need to understand when chapter 7 bankruptcy is appropriate. To learn more about bankruptcies and its complications log on to now.

When to file for chapter 7 bankruptcy?

  • You have inconsistent income, unstable employment, and no certainty of job and income in the recent past as well as in the near future
  • If there has been a negotiating attempt with the lenders and it did not go well
  • If you have fewer assets and the assets you have are exempt, chapter 7 makes a lot of sense
  • If you qualify for the means test

There can be more reasons based on specific situations or scenarios, however, the non-inclusive list above is the broader picture when you should be thinking about filing for Chapter 7 bankruptcy.

How to file for a chapter 7 bankruptcy?

There are several steps to filing for Chapter 7 bankruptcy. These can be listed in order as follows-

  • Step 1: Completing credit counseling

It is essential to complete credit counseling before filing for bankruptcy. It notifies the bankruptcy court that several thoughts and attempts were made to prevent bankruptcy filing. The course needs to be completed from an approved agency or it could be invalid.

  • Step 2: Means test

Passing the means test is an important aspect of qualifying for chapter 7. Many chapter 7 aspirants end up in chapter 13 because they fail to pass the means test. A means test is matching your disposable income with the standards set by the states. There are several calculations and exemptions in means test calculation and an experienced attorney can guide you accurately on whether you qualify or not. Many individuals think they do not qualify for the means test, but they actually do and hence, potentially miss out on chapter 7 benefits. To ensure you don’t miss out, dial 888-297-6203 and connect to some top attorneys of Los Angeles & Dallas, TX now.

  • Step 3: Filing of the bankruptcy petition

The third step is filing for bankruptcy with the bankruptcy court. Once the means test is completed and the credit counseling course is done, the path is clear to file a petition to the bankruptcy court. It is essential to provide accurate information in the statements and schedules and provide additional documents like your latest Income Tax Return, etc.

  • Step 4: Participating in the creditor’s meeting

A creditor meeting is an important event that requires the debtor to participate. Here any objections or issues by the lenders or any questions/needs of the bankruptcy trustee are put forward. The debtor has to satisfy and provide for anything requested or raised by the lenders.

  • Step 5: Financial Management course

Like credit counseling, financial management is an essential educational requirement that has to be completed within 60 days of the lender’s meeting. A form certifying completion of the course needs to be submitted with the bankruptcy court.

  • Step 6: Receiving discharge

The final step is to receive a discharge as per the bankruptcy court judgment. A discharge is not always a guaranteed thing with bankruptcy. However, receiving the discharge is the most peaceful part of the bankruptcy and the feeling of being able to start afresh is something great. It is essential to cooperate with the bankruptcy trustee and provide for documents, assistance, etc., to help liquidate the asset at the best value.