6 Steps For Filing For Chapter 7 Bankruptcy

10 August 2015
 Categories: Law, Blog

Chapter 7 bankruptcy is the most common bankruptcy chapter. If you are considering filing for bankruptcy, this may be the right one for you, although you will want to ask your bankruptcy attorney first before you proceed. Here are the six steps for filing for chapter 7 bankruptcy:

  1. ​Prepare: The first thing you are going to want to do is put together all of your financial documents. Your attorney can help with this by ensuring you are being thorough and collecting all possible documents you will need in order to file the bankruptcy petition. 
  2. Complete Documents: There are many documents that you are going to have to fill out. These documents are usually provided to you in a package from the bankruptcy court office. You will just have to pay a small fee in order to receive them. Once you have completed the documents, you will then need to pay a filing fee when you return them back to the bankruptcy court office. 
  3. Take a Means Test: In order to move on with filing for chapter 7 bankruptcy, you will have to take a means test, which is a test that determines whether or not you are able to pay off your debts. If you fail the test, then you may have to file for a different chapter of bankruptcy, which can be determined by your bankruptcy attorney. Or you may still be able to file under chapter 7 bankruptcy under special circumstances that your bankruptcy attorney can help you petition for. 
  4. Meet Creditors: The next step is to meet with the creditors. This means you will be meeting with all the people you owe money to. During this process, you will be asked a series of questions related to your finances. Your bankruptcy attorney can help you prepare for these questions since it can be quite nerve wracking. You must be truthful and be prepared for laying out all of your personal financial information to guarantee that the bankruptcy trustee in attendance trusts that you are eligible for chapter 7 bankruptcy. 
  5. Seizure of Assets: For any property that you own, the bankruptcy trustee is able to seize and sell it in order to pay off the debts owed to your creditors. Some of your assets may be exempt from this, which is determined by the state. 
  6. Discharge: If there are no objections from your creditors, you will be discharged, meaning that no creditors will be able to attempt to try and collect debt from you. 

Filing for chapter 7 bankruptcy can be a long process that requires you to release a great deal of information about yourself. This is why it is best to have a bankruptcy attorney from a place like David Reynolds & Associates by your side who can help you fill out the documents and prepare for the times that you have to face and answer questions addressed to you by creditors and the bankruptcy attorney. However, once the steps are completed, you can help yourself wipe out debt and thus start a new part of your debt free life.