Bankruptcy is a legally declared inability of individuals or businesses to discharge their debts. A declared state of bankruptcy can be requested not only by creditors in an effort to get what they are owed but also by the insolvent individual or organization. If it is difficult to repay debts, declaring the bankruptcy may be the right solution to debt problems.
Out of six basic types of under the Bankruptcy Code, Chapter 7 is a “liquidation” of nonexempt assets to pay debts. In a court-supervised procedure, a court appoints a trustee who liquidates the non-exempt assets of the debtor’s estate and makes distributions to creditors. The Bankruptcy Code allows the debtor to keep certain exempt property; but a trustee will liquidate the debtor’s remaining assets.
According to the amendments to the Bankruptcy Code enacted in to the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, if a debtor’s income is in excess of certain thresholds, the debtor may not be eligible for chapter 7 relief. Filing a petition under chapter 7, automatically stays most collection actions against the debtor or the debtor’s property, but potential debtors should realize that the filing of a petition under chapter 7 might result in the loss of property.
After Chapter 7 bankruptcy, one will not longer owe money on credit cards, unsecured loans, unpaid hospital, medical and utility bills and unpaid rent. But debts like state and federal taxes (unless they are more than three years old), child support required by law; alimony, government-backed student loans, debts due to fraud, fines, penalties and debts due to willful injury to another person or property are not eliminated by Chapter 7 bankruptcy.
Just a few months after the petition is filed, in most chapter 7 cases, the individual debtor receives a discharge that releases debtor from personal liability for certain dischargeable debts. Thus, chapter 7 Bankruptcy is designed to give the debtor a new start and a chance to live with sound financial management.
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Chapter 7
10 August 2010 8:30 PM |
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The chapter 7 law of bankruptcy aims at giving a fresh start to a person who is too heavily burdened with debt to discharge it in a normal manner. Since chapter 7 completely wipes out his debts, it is also known as a ‘liquidation bankruptcy’,...
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Chapter 7 Law
10 August 2010 8:30 PM |
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Chapter 7 bankruptcy aims at giving a fresh start to a person who is too heavily burdened with debt to discharge it in a normal manner. Since chapter 7 completely wipes out his debts, it is also known as a ‘liquidation bankruptcy’ as opposed to...
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Chapter 7 Bankruptcy Discharge
10 August 2010 8:30 PM |
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The primary purpose of bankruptcy court is to discharge certain debts to give a debtor a fresh start. A bankruptcy discharge releases the debtor from personal liability for certain specified types of debts. Discharge prohibits the creditors from taking any form of collection action against...
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Chapter 7 Bankruptcy Law
10 August 2010 8:30 PM |
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Under the grant of authority given by Article I, Section 8, of the United States Constitution, Congress enacted the “Bankruptcy Code” in 1978, which is codified as title 11 of the United States Code. From October 17, 2005, the courts must charge a $220 case...
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Chapter 7 Trustee
10 August 2010 8:30 PM |
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A trustee, usually a lawyer and an expert in bankruptcy cases, is appointed by the bankruptcy court to administer the assets of the debtor. He examines the petition filed by the debtor and determines whether or not he has any assets that are not protected...
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Bankruptcy Chapter 7 Exemptions
10 August 2010 8:30 PM |
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Chapter 7 is a “liquidation” of nonexempt assets to pay debts. In an orderly, court-supervised procedure, a court appointed trustee liquidates the non-exempt assets of the debtor’s estate and makes distributions to creditors. In Chapter 7, the debtor selects property he/she is eligible to keep...
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Filing Chapter 7 Bankruptcy
10 August 2010 8:30 PM |
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An individual, a partnership, or a corporation or other business entity is eligible for relief under chapter 7 of the Bankruptcy Code. A husband and wife may file a joint petition or individual petitions. A debtor files chapter 7-bankruptcy petition with the bankruptcy court. The...
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Chapter 7 Bankruptcy Laws
10 August 2010 8:30 PM |
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Chapter 7 is one of the bankruptcy laws that can be used to file a petition if the borrower has an excessive amount of debt and has no way to repay it. The law is for individuals wishing to file for bankruptcy. This law allows...
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Filing Chapter 7 Bankruptcy: An Introduction
10 August 2010 8:30 PM |
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When someone has high debt and no other feasible financial mode of repayment, they may need a fresh start in form of a bankruptcy. People file for Chapter 7 bankruptcy more often than any other type of bankruptcy, and it accounts for almost 65% of...
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Chapter 13 Law
10 August 2010 8:30 PM |
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Chapter 13 bankruptcy law contains procedures to discharge the debts of individuals or couples who have a regular source of income and are sincere in their intention to pay off their financial liabilities. The law places limits on secured and unsecured debts, which are approximately...