How To File Chapter 7 Bankruptcy

Are you financially challenged to the point you're considering filing Chapter 7 bankruptcy

? After you've determined that this is the right move, there are a few important things you ought to know. Bankruptcy should always be thought of as your last option out of financial difficulty and only after you've exhausted other avenues.

Chapter 7 bankruptcy is the legal process of disposing of all your non-exempt assets. Items such as vehicles, tools used for your employment and some household belongings are considered exempt. The income from these items to be sold is used to pay off your debts. This process is handled by a court-appointed trustee.

The first thing you'll need to know is if you qualify for this filing. This is determined by several conditions, such as your family and income size according to which state you live in. You can do a search online to find a number of websites that will allow you to take a "Means Test" to see if you qualify.

The next step is to locate a reputable attorney in your vicinity who specializes in this kind of filing. They'll be able to easily help you through the filing process. The attorney will also be able to tell you about the mandatory credit counseling. There is a small fee for this process.

If you're wondering how much paperwork will be involved, it's a fair amount. This is where a good lawyer will really be beneficial. Here is a list of some of the paperwork you'll need:

1. A current income and expenditures list

2. A schedule of liabilities and assets

3. A list of your known debts

4. A list of exempt assets

5. The results of your Means Test

6. Your credit counseling certificate

7. Your most recent tax return

8. Recent paycheck stubs

Again, the forms can be found online, or you can simply ask your attorney for them.

After the test and the forms are completed, you're ready to file. Filing must be done within the area you live or work in or have the majority of your assets. Once you've filed, no creditor will be allowed to garnish your wages or pursue a lawsuit or have any contact demanding you pay your debt.

The Creditors' Meeting

The mandatory creditors' meeting is generally held about a month after the petition has been signed. Be prepared to honestly answer any and all financial questions from all creditors.

There are a few important things to be done after this meeting. This is where a good Chapter 7 bankruptcy lawyer is of most benefit. They'll be able to wrap things up and then all you need do is wait for the final notification your debts have been paid.

Filing Chapter 7 bankruptcy can be a positive way to help you and your family get back on track if you've been inundated with financial troubles. It's a hopeful light at the end of a long, dark tunnel.

by: Anders Abadie

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