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CHAPTER 7

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CHAPTER 7

Chapter 7 is the liquidation chapter of the Bankruptcy Code and is available to all persons and entities. Chapter 7 bankruptcy can discharge most unsecured debts such as credit cards and medical bills. Chapter 7 also blocks garnishments, liens, levies, and lawsuits. Under chapter 7, a trustee is appointed to collect and sell, if economically feasible, all property owned by the debtor that is not exempt from the bankruptcy case or is not subject to perfected liens.  

A bankruptcy discharge is a court order releasing a debtor from personal liability for all of his or her dischargeable debts and ordering creditors not to attempt to collect those debts from the debtor.  A chapter 7 discharge applies to individuals only; an artificial entity does not receive a discharge or any debt relief in a chapter 7 case.  

Timeline

In general, this is how the Chapter 7 process works:  

  • Client signs the fee agreement, pays retainer and is given BANKRUPTCY WORKSHEETS to complete.
  • Client drops off completed forms.
  • Client needs to compile the following information:
    • List of creditors and the amount and nature of their claims
    • Source amount and frequency of debtor’s income
    • List of all the debtor’s property
    • Detailed list of debtor’s monthly living expenses (food, clothing, shelter, utilities, medical, etc.)
  • We try to mail a rough draft of the bankruptcy papers back to the client within three weeks of receiving completed forms.
  • Over the next 3-7 weeks we meet with the client, make corrections and revisions to the papers, and strive to get the papers as accurate as possible prior to filing the case.
  • Most chapter 7 cases are filed within 6-12 weeks of the date the fee agreement is signed (item # 1 above).
  • The automatic stay takes effect once the case is actually filed with the bankruptcy clerk.
  • The bankruptcy clerk will mail a notice of your case to all creditors advising them of the case filing, the date of filing, the case number and the time, date and location of the hearing.  This notice is mailed about 7-10 days after filing (with out-of-state creditors, it can take up to 2-4 weeks for them to cease contacting you).
  • Meeting of creditors (hearing) is held approximately 20 - 40 days after filing.
Discharge is granted approximately 90 days after filing, releasing the debtor from personal liability and prohibiting creditors from taking any action to collect the debt.

Read more about Chapter 7 Bankruptcy 

 

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James H. Cossitt
Attorney & Counsellor at Law
Board Certified, Business & Consumer Bankruptcy Law

40 2nd St E Ste 202
Kalispell, MT 59901-6112
Tel (406) 752-5616
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