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RHYMER LAW FIRM |
In a Chapter 7 bankruptcy, the most common type of bankruptcy filed, your non-exempt assets are traded for a discharge or cancellation of your debts. Most clients have little or no non-exempt property that can be taken away from them by a bankruptcy trustee. Consequently, most people are able to keep all of their property and discharge most, if not all of their debts.
Exempt property includes designated values in a home; a vehicle; personal property like appliances and furniture, etc.; jewelry; and retirement plans. Normally, you do still have to pay the mortgage on your house, and payments on vehicles and other secured debts in a Chapter 7 case if you want to keep the property after the case is over.
When filing a Chapter 7, all of your earnings are yours to keep; your creditors have no claim on them. You can start businesses, have bank accounts, and start fresh. Bankruptcy is designed to give you a new beginning, and keep you from living your life under insurmountable debt.
Upon successfully completing a Chapter 7 case, usually within 4-6 months, you receive an official Order of Discharge from the Court that cancels your dischargeable debts. Not all types of debt are cancelable in Chapter 7. Debts incurred through fraud, criminal activity, debts incurred for intentionally harming someone or their property, income taxes less than 3 years old, student loans, and certain other debts cannot be cancelled in Chapter 7.
For answers to general questions about Chapter 7 Bankruptcy, click on the link below.
CHAPTER 7 FREQUENTLY ASKED QUESTIONS
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