CHAPTER 7 BANKRUPTCY Q & A
Chapter 7 Bankruptcy FAQ
1. What is Chapter 7 Bankruptcy?
2. Should I file Chapter 7?
3. Which debts cannot be discharged?
4. Can taxes be discharged?
5. Do both spouses have to file?
6. Does a person lose any legal or civil rights by filing?
7. Will I lose any property if I file chapter 7?
8. How long does a Chapter 7 case last?
9. How much does it cost to file a Chapter 7?
SEE ANSWERS BELOW
What is Chapter 7 Bankruptcy?
Chapter 7 bankruptcy is a debt discharge plan. Most of your debts are discharged and you don't have to pay them back. There are certain debts that cannot be discharged under a Chapter 7 plan.
Should I file Chapter 7?
Clients that choose to file a Chapter 7 case generally have too small an amount of excess income to be able to make payments under a Chapter 13. They may be looking for the easiest way to quickly get out of debt, and Chapter 7 is usually the way that works best under these situations. When you schedule a FREE consultation, Mr. Rhymer will discuss with you your options based on your individual situation.
Which debts cannot be discharged?
Debts that are secured, such as liens on your home or car, cannot be discharged under Chapter 7 if you want to keep the secured property. Most back taxes, student loans, and back child support and alimony are other examples of non-dischargeable debts under Chapter 7. Mr. Rhymer will discuss the dischargeability of each of your debts with you during the free consultation.
Can taxes be included?
Most back taxes cannot be discharged by filing Chapter 7 bankruptcy. However, in some cases where the tax returns were filed and the income taxes are old enough, they can be discharged.
Do both spouses have to file?
Both spouses may, but are not required to, file Chapter 7.
Does a person lose any legal or civil rights by filing?
You will not lose any legal or civil rights by filing Chapter 7.
Will I lose any property if I file Chapter 7?
You are allowed to keep a set amount of property. Most people filing Chapter 7 get to keep all of their property.
How long does a Chapter 7 case last?
A Chapter 7 case generally takes approximately 4-6 months to complete.
How much does it cost to file a Chapter 7 case?
The clerk's filing fee in a Chapter 7 case is $306.00. In most cases, the attorney's fee is $1194.00, for a total cost of $1500.00. Payment arrangements can be made. Each case is different so the fees can vary depending on your particular facts.
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The purpose of a Chapter 7 case is to get a fresh start.
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