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Chapter 7 of the federal bankruptcy code is
designed for individuals who are unable to repay their debts. These debts may
include car loans, credit cards, personal loans, or even mortgages. There are
various reasons why people choose to file bankruptcy, namely because they are in
more debt than they're able to afford to repay. There are also individuals who
have recently lost their job or fallen victim to an ailing economy. Whatever the
reason and generally speaking, Chapter 7 bankruptcy allows for an individual to
have certain debts discharged for which the debtor is no longer liable.
Do I Meet the Requirements of Chapter 7
Bankruptcy? In order to be eligible to file Chapter 7 bankruptcy, you must
meet certain income guidelines through what is called a means test. If your
income is above the state median income level, you will be required to show that
you are financially unable to repay your debts through the use of a means test.
If you meet the requirements of the means test, you will be eligible to proceed
with the filing of your Chapter 7 bankruptcy. Hiring legal counsel to help you
determine your eligibility is crucial to all the intricate, meticulous steps
involved in the legal process.
What Happens to My Property? Your legal
counsel will help you determine what property will be exempt and what property
will be non-exempt from your bankruptcy proceedings. Exempt property, for
example, might include your car or your house. Non-exempt property may include
stocks, bonds and other cash assets. Your property is then assigned to a
trustee, who will liquidate non-exempt property to pay off the debts you owe to
your creditors. Having an attorney who is well-versed in bankruptcy law will
assist you in keeping as much of your property as possible.
Do I Need an Attorney to Help Me Through the
Bankruptcy Process? Having an attorney handle your bankruptcy case would
definitely be a huge asset to any debtor wishing to filing Chapter 7 bankruptcy.
Although a debtor does have the option to file pro se, or on their own, an
attorney can help you sort through the legal details of the law and may be able
to help you keep more of your property and assets than you originally thought.
Collaborating with a Chapter 7 bankruptcy attorney
on your bankruptcy case is essential. Muddling through all the tedious, finer
points of the law is difficult and only through the help of an attorney may you
come out of debt better than you had planned.
J. Phillip Glasscock, P.C., is a
debt relief agency. We provide assistance with respect to credit defaults,
mortgage foreclosures, eviction proceedings, excessive debt, debt collection
pressure or inability to pay any consumer debt. We help people file for
bankruptcy relief under the Bankruptcy Code. |