Read the latest Bankruptcy FAQs from Higgins and Associates
What persons are eligible to file under chapter 7?
Any person who resides in, does business in, or has property in the United States may file under chapter 7, except a person who has been involved in another bankruptcy case that was dismissed within the last 180 days on certain grounds.
What are the debtor’s responsibilities to the trustee?
The law requires the debtor to cooperate with the trustee in the administration of a chapter 7 case, including the collection by the trustee of the debtor's nonexempt property. If the debtor does not cooperate with the trustee, the chapter 7 case may be dismissed and...
What persons are not eligible for a chapter 7 discharge?
The following persons are not eligible for a chapter 7 discharge: (1) A person who has been granted a discharge in a chapter 7 case filed within the last eight years. (2) A person who has been granted a discharge in a chapter 13 case filed within the last eight years,...
What is a trustee in a chapter 7 case, and what does he or she do?
The trustee is an officer of the court, appointed to examine the debtor, collect the debtor's nonexempt property, and pay the expenses of the estate and the claims of creditors. In addition, the trustee has certain administrative duties in a chapter 7 case and is the...
What debts are not dischargeable under chapter 7?
All debts of any kind or amount, including out-of-state debts, are dischargeable under chapter 7 except the debts listed below. The following is a list of the most common debts that are not dischargeable under chapter 7: (1) Most tax debts and debts that were incurred...
What happens after the meeting of creditors?
After the meeting of creditors, the trustee may contact the debtor regarding the debtor's property, and the court may issue certain orders to the debtor. These orders are sent by mail and may require the debtor to turn certain property over to the trustee, or provide...
What is a chapter 7 discharge?
It is a court order releasing a debtor from all of his or her dischargeable debts and ordering the creditors not to attempt to collect them from the debtor. A debt that is discharged is one that the debtor is released from and does not have to pay. Some debts,...
When must a debtor appear in court in a chapter 7 case and what happens there?
The first court appearance is for a hearing called the "meeting of creditor." This hearing usually takes place about a month after the case is filed. At this hearing the debtor is put under oath and questioned about his or her debts and assets by the hearing officer...
What is Chapter 7 and How Does It Work?
Chapter 7 is that part (or chapter) of the Bankruptcy Code that deals with liquidation. The Bankruptcy Code is that part of the federal laws that deal with bankruptcy. A person who files under chapter 7 is called a debtor. In a chapter 7 case, the debtor must turn his...
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For consumers, Chapter 13 and Chapter 7 are the two most common types of bankruptcy. Which one is right for you? Choosing the right chapter of the bankruptcy code to excercise is extremely important. Our expert legal staff will guide you through the important selection process
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