
An Overview of Chapter 7 Bankruptcy
From the Nolo.com Debt & Bankruptcy Center
Learn how Chapter 7 bankruptcy works.
Chapter 7 bankruptcy refers to the chapter of the federal statutes (the
Bankruptcy Code) that contains the bankruptcy law. Chapter 7 bankruptcy
is sometimes called "straight" bankruptcy. This bankruptcy cancels
most of your debts; in exchange, you might have to surrender some of your
property.
The whole Chapter 7 bankruptcy process takes about four to six months,
costs $200 in filing and administrative fees, and commonly requires only
one trip to the courthouse.
To file for bankruptcy, you fill out a two-page petition and several
other forms. Then you file the petition and forms with the bankruptcy
court in your area. Basically, the forms ask you to describe:
- your property
- your current income and its sources
- your current monthly living expenses
- your debts
- property you claim the law allows you to keep through the bankruptcy
process (exempt property -- most states let you keep clothing, household
furnishings, Social Security payments you haven't spent and other basic
items)
- property you owned and money you spent during the previous two years,
and
- property you sold or gave away during the previous two years.
Filing for bankruptcy puts into effect something called the "automatic
stay." The automatic stay immediately stops your creditors from trying
to collect what you owe them. So, at least temporarily, creditors cannot
legally grab (garnish) your wages, empty your bank account, go after your
car, house or other property, or cut off your utility service or welfare
benefits.
Until your bankruptcy case ends, your financial problems are in the hands
of the bankruptcy court. It assumes legal control of the property you
own (except your exempt property, which is yours to keep) and the debts
you owe as of the date you file. Nothing can be sold or paid without the
court's consent. You have control, however, with a few exceptions, of
property and income you acquire after you file for bankruptcy.
The court exercises its control through a court-appointed person called
a "bankruptcy trustee." The trustee is mostly interested in
what you own and what property you claim as exempt. This is because the
trustee's primary duty is to see that your creditors are paid as much
as possible on what you owe them. And the more assets the trustee recovers
for creditors, the more the trustee is paid.
The trustee goes through the papers you file and asks you questions at
a short hearing, called the "creditors' meeting," which you
must attend. This meeting is not likely to last more than five minutes.
Creditors may attend, too, but rarely do.
After this meeting, the trustee collects the property that can be taken
from you (your nonexempt property) to be sold to pay your creditors. You
can surrender the property to the trustee, pay the trustee its fair market
value or, if the trustee agrees, swap some exempt property of equal value
for the nonexempt property. If the property isn't worth very much or would
be cumbersome for the trustee to sell, the trustee can "abandon"
the property-which means that you get to keep it. Very few people actually
lose property in bankruptcy.
If you've pledged property as collateral for a loan, the loan is called
a secured debt. The most common examples of collateral are houses and
motor vehicles. In most cases, you'll either have to surrender the collateral
to the creditor or make arrangements to pay for it during or after bankruptcy.
If a creditor has recorded a lien against your property, that debt is
also secured. You may be able to wipe out the lien in bankruptcy.
If, after you file for bankruptcy, you change your mind, you can ask
the court to dismiss your case. As a general rule, a court will dismiss
a Chapter 7 bankruptcy case as long as the dismissal won't harm the creditors.
Usually, you can file again if you want to, although you may have to wait
180 days.
At the end of the bankruptcy process, most of your debts are wiped out
(discharged) by the court. You no longer legally owe your creditors. You
can't file for Chapter 7 bankruptcy again for another six years from the
date of your filing.
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