It's usually unclear to people exactly what options are open to them when they are considering Chapter 7 bankruptcy, which is why a little Chapter 7 bankruptcy information can go a long way. The economy has been very tough on a lot of Americans lately, and the recent changes to bankruptcy laws in 2005 has left many wondering exactly what Chapter 7 means. Chapter 7 is, if a filing is successful, the best way to get clear your debt. Please keep in mind though, that any decisions about the matter should be made in consultation with a bankruptcy lawyer.
Chapter 7 bankruptcy is meant to reimburse creditors as much as possible while clearing what the debtors in question owe. To that end, Chapter 7 entails liquidation of everything but non-exempt property that a debtor may own. What constitutes exemptions to liquidation is determined by either a federal set of standards and a state-determined set of standards. After the non-exempt property is liquidated, the remaining debts are dismissed.
There are only two initial requirements to file a Chapter 7 claim. The first is that the debtor, whether it is an individual or a business entity, meet with a credit counselor up to 180 days before the claim is filed. The debtors record must also be clear of malfeasance with the bankruptcy court system for 180 days or more, otherwise they may be disqualified. Not taken into consideration are the amounts owed by the debtor(s), nor their financial solvency. In other words, Chapter 7 does not require that someone be destitute to qualify for a clean debt slate.
The government does have ways of determining whether or not people are filing what is called an abusive Chapter 7 claim and actually has the means of paying their debts, but refuses to. This system is called a means test.
A means test will examine a debtor's income and their expenses to determine whether the claim is abusive. The debtor's average monthly income for the past five years is compared to the median amount for the state that they live in. If it is above that amount, the bankruptcy claim will be subject to the second test, which investigates the expenses of that debtor in comparison to the amount of unsecured debt that they own. So if those expenses exceed 25 percent of the debt not secured by collateral usually something like credit card debt then the court will either turn the case into a Chapter 13 filing or simply dismiss the whole thing.
Filing a Chapter 13 bankruptcy has very different consequences. Under Chapter 13, the government helps set up a payment plan through which the debtor pays his creditor over the course of five years the maximum he or she is capable of, while still allowing for federally determined living expenses like rent, food, etc. The amount that cannot be paid after that period is erased.
Very little is exempted during the Chapter 7 process, so debtors who want to keep their house and motor vehicle, amongst other things, should probably not file for Chapter 7. Also, if the debtor owns a business and wishes to keep it going, they should probably seek alternative means of declaring bankruptcy. One alternative is settling with debtors outside of the court system and finding a payment plan through negotiation.
Chapter 7 is currently designed to resist abuses and dishonesty, so debtors should make sure that they're providing all the necessary personal information and are honestly qualified for that kind of debt relief. Chapter 7 bankruptcy information can help determine whether or not to pursue that solution to a financial crisis. - 32519
Chapter 7 bankruptcy is meant to reimburse creditors as much as possible while clearing what the debtors in question owe. To that end, Chapter 7 entails liquidation of everything but non-exempt property that a debtor may own. What constitutes exemptions to liquidation is determined by either a federal set of standards and a state-determined set of standards. After the non-exempt property is liquidated, the remaining debts are dismissed.
There are only two initial requirements to file a Chapter 7 claim. The first is that the debtor, whether it is an individual or a business entity, meet with a credit counselor up to 180 days before the claim is filed. The debtors record must also be clear of malfeasance with the bankruptcy court system for 180 days or more, otherwise they may be disqualified. Not taken into consideration are the amounts owed by the debtor(s), nor their financial solvency. In other words, Chapter 7 does not require that someone be destitute to qualify for a clean debt slate.
The government does have ways of determining whether or not people are filing what is called an abusive Chapter 7 claim and actually has the means of paying their debts, but refuses to. This system is called a means test.
A means test will examine a debtor's income and their expenses to determine whether the claim is abusive. The debtor's average monthly income for the past five years is compared to the median amount for the state that they live in. If it is above that amount, the bankruptcy claim will be subject to the second test, which investigates the expenses of that debtor in comparison to the amount of unsecured debt that they own. So if those expenses exceed 25 percent of the debt not secured by collateral usually something like credit card debt then the court will either turn the case into a Chapter 13 filing or simply dismiss the whole thing.
Filing a Chapter 13 bankruptcy has very different consequences. Under Chapter 13, the government helps set up a payment plan through which the debtor pays his creditor over the course of five years the maximum he or she is capable of, while still allowing for federally determined living expenses like rent, food, etc. The amount that cannot be paid after that period is erased.
Very little is exempted during the Chapter 7 process, so debtors who want to keep their house and motor vehicle, amongst other things, should probably not file for Chapter 7. Also, if the debtor owns a business and wishes to keep it going, they should probably seek alternative means of declaring bankruptcy. One alternative is settling with debtors outside of the court system and finding a payment plan through negotiation.
Chapter 7 is currently designed to resist abuses and dishonesty, so debtors should make sure that they're providing all the necessary personal information and are honestly qualified for that kind of debt relief. Chapter 7 bankruptcy information can help determine whether or not to pursue that solution to a financial crisis. - 32519
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Learn more details on how Chapter 7 Bankruptcy Information work and find out more information on How To File For Bankruptcy. Anyone in serious financial trouble should certainly consider consulting a lawyer that specializes in bankruptcy law.
