CHAPTER 7 BANKRUPTCY

CHAPTER 7 BANKRUPTCY

Chapter 7 Bankruptcy protection is the Chapter of the Federal Bankruptcy Code which defines and sets forth the various provisions relating to liquidation of the debtor's assets. In the process of a Chapter 7 filing, the Bankruptcy Court appoints a Trustee, who is an attorney not a Judge, to oversee the debtor's case.  Chapter 7 Bankrktupty is available to individuals who wish to "Wipe the Slate Clean" and get off to a fresh start.  There are several criteria which determine what type of bankruptcy an individual is eligible to file.  One issue is whether there has been a prior bankruptcy filing.  A debtor can only file a Chapter 7 bankrutpcy once every 8 years.  If there has been a prior Chapter 13, the time period is substantially less.  Further the gross income of the household from all sources averaged over 180 days from the date of the filing of a bankruptcy case impacts what type of bankruptcy case a debtor can file as does the size of the household.  Finally, the amount of equity debtors have in property and whether if there is secured debt if the payments are current on the properrty debtors wish to keep all factor in.  Therefore it is important to discuss all of the above with the attorney to determine if Chapter 7 filing is the right case for the individual.