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Attention  .  .  .  on December 1, 2015  new bankruptcy forms go into effect.  The changes are extensive but no worries - our bankruptcy software automatically updates all changes in bankruptcy law including the forms.

What is Chapter 7 Bankruptcy?

Chapter 7 bankruptcy is a liquidation proceeding in which the debtor's non-exempt assets, if any, are sold by the chapter 7 trustee and the proceeds distributed to creditors according to the priorities established by the US Bankruptcy Code.

You must be eligible to file chapter 7 bankruptcy.  This is determined by the means test which is why we need your last 6 months worth of pay stubs, beginning with the month prior to your filing bankruptcy.

Chapter 7 is generally the simplest and quickest form of bankruptcy and is available to individuals, married couples, corporations and partnerships.  In most cases, all the assets are exempt, therefore there are no assets to liquidate and there is no dividend to creditors.

The most important forms are the official petition, schedules, and statement of financial affairs. The petition consists of your name, address, and filing info such as the type of bankruptcy you are filing & whether you are paying your filing fees in full, in installments, or requesting a fee waiver. Your schedules are where all assets, liabilities, income, and expenses must be listed, along with some recent financial history. 

This is the most important and most time consuming part of a bankruptcy filing. It is extremely important that every creditor is listed in the schedules with an accurate mailing address. 

You must list ALL of your debts, even if you intend to reaffirm the debt (keep the property & continue making regular payments until the debt is paid in full. The court cannot discharge any debt that is not listed or did not get notice of your bankruptcy filing due to an incorrect address.

The schedules also list your property, any debts secured by that property, and the sale value of the property. Property means assets or & possessions, not just real estate. Your choice of exemptions is made on one of the schedules.

Both the schedules & statement of financial affairs are signed by the debtor under penalty of perjury. The schedules are filed with the bankruptcy clerk in the district in which you live, or have lived for the greater part of the last 180 days.









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