what is chapter 7 bankruptcy in simple terms

what is chapter 7 bankruptcy in simple terms

1 year ago 60
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Chapter 7 bankruptcy is a type of bankruptcy that allows individuals to discharge certain debts and start anew. Here are some key points to understand about Chapter 7 bankruptcy:

  • Liquidation: Chapter 7 is also called liquidation bankruptcy because debtors may have to sell some of their assets to repay their debts. A court-appointed trustee gathers and sells the debtors nonexempt assets and uses the proceeds to pay creditors in accordance with the provisions of the Bankruptcy Code.

  • No Repayment Plan: Unlike Chapter 13 bankruptcy, which involves the filing of a plan of repayment, Chapter 7 does not involve a repayment plan.

  • Debt Discharge: Chapter 7 bankruptcy can discharge certain debts, meaning that the debtor is no longer legally obligated to repay them. However, some types of debt generally arent dischargeable through Chapter 7 bankruptcy, including child support, alimony, court fees, and some tax debts.

  • Means Test: An individuals eligibility to file for Chapter 7 is determined by the means test instituted with the 2005 amendments to the bankruptcy code. The means test compares the debtors income to the median income in their state to determine if they qualify for Chapter 7. Some high earners may not qualify for Chapter 7 if their debts are primarily consumer debts.

  • Trustee Appointment: A bankruptcy trustee is appointed to liquidate nonexempt assets to pay creditors. The trustee also reviews the debtors assets and finances, and holds a meeting of creditors to discuss the case.

  • Pros and Cons: Filing for Chapter 7 bankruptcy can offer a fresh financial start and discharge certain debts, but it can also result in the loss of property and have a negative impact on the debtors credit score.

Its important to note that bankruptcy is a serious decision that should not be taken lightly. Individuals considering bankruptcy should consult with a bankruptcy attorney to understand their options and the potential consequences of filing for bankruptcy.

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