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A chapter 7 bankruptcy case does not involve the filing of a plan of repayment as in chapter 13. Instead, the bankruptcy trustee gathers and sells the debtors nonexempt assets and uses the proceeds of such assets to pay holders of claims (creditors) in accordance with the provisions of the Bankruptcy Code.
The common causes of bankruptcy include: Divorce. Expensive Medical Bills caused by a disability or illness. Poor Financial Management related to student loans, purchasing a car or home, etc. Reduced income or job loss. Unexpected emergencies, such as a car breaking down or catastrophic damage to your property.
Things you should NOT DO immediately before filing for Bankruptcy Dont Transfer Property or Money. Dont Payoff Certain Creditors. Dont Continue Using Your Credit Cards; No Cash Advances. Dont Deposit Extra Money into your Bank Account. Dont File any new Lawsuits. Dont Accept Future Payments.
Step 6: Notice of Discharge After you finish all of this, your debt will be discharged. In a Chapter 7 petition, this occurs after the trustee looks over the bankruptcy filing and finds no major problems.
More than likely, you would only be dealing with the two most common types of bankruptcies for individuals: Chapter 7 and Chapter 13. (A chapter just refers to the specific section of the U.S. Bankruptcy Code where the law is found.2) But well take a look at each type so youre familiar with the options.
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Chapter 7 bankruptcy and Chapter 11 bankruptcy are both common options for businesses in declaring bankruptcy. The key differences essentially amount to liquidation vs. a reorganization and restructuring of debt.
How to Prepare for Bankruptcy Talk to a Lawyer. We know what youre thinking: youre lawyers, so of course you would tell me to talk to a lawyer! Consider Transferring Bank Account Funds. Cancel Automatic Payments. Budget, Budget, Budget. Assemble Your Paperwork. Go to Credit Counseling. Contact Our Bankruptcy Attorneys.
The Bankruptcy Process Step 1: Determining Eligibility. Step 2: Means Test. Step 3: Submission of Forms. Step 4: Assignment of Trustee. Step 5: Meeting of Creditors. Step 6: Confirmation of Eligibility. Step 7: Liquidation of Nonexempt Property. Step 8: Reaffirmation of Secured Debts.
Chapter 7 bankruptcy doesnt require a repayment plan but does require you to liquidate or sell nonexempt assets to pay back creditors. Chapter 13 bankruptcy eliminates qualified debt through a repayment plan over a three- or five-year period.
Filing for Bankruptcy Once you decide to file for bankruptcy, your Trustee will prepare the paperwork based on the information you provide, e.g. your income, assets, debts, living situation, and overall circumstances. Your Trustee will then make filing with the Court, at which time you are considered bankrupt.

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