Mechanics of Chapter 7 Bankruptcy

Posted on January 9, 2011 at 10:58am by

The sad fact is these days . . . . if you yourself are not going through bankruptcy, you know someone who is. At The Sader Law Firm we know about the stress and worry mounting financial problems can cause. They affect every member of your family. We are ready to help you become one of the many individuals, families and businesses we have helped through this difficult time. While we would never say the process is easy or pain-free, we try to make it as simple and understandable as possible, and by handling your case properly, we want you to know you will be able to sleep well at night confident that what you are doing will make for a better future.

In a Chapter 7 bankruptcy there is no minimum amount of debt needed to qualify and the debtor may be an individual, married couple, or company.

Prior to your case being filed, we work with you to gather all the information needed for a complete filing. The information includes a list of all creditors, a list of all assets, paystubs and tax returns, along with other information required by the court. We can help that process by providing you with a credit bureau reports and other form. At The Sader Law Firm you will work with your specific attorney throughout the process. We are not a bankruptcy mill that takes a cookie cutter approach to our work. You will receive personal attention from the same attorney who will get to know your specific situation.

In Chapter 7, a husband and wife may file together or, if only one wants to file, that is OK too.

Generally, filing a petition under Chapter 7 automatically “stays” or stops most collection actions against the debtor or the debtor’s property. There is one hearing that takes place, called a meeting of creditors. It occurs about 30 days after the filing and those that file along with their attorney must attend. It is generally a routine meeting and an opportunity for the court appointed trustee and creditors to ask the debtors questions about their debts and assets. During the one hour meeting, usually 10 to 15 cases are dealt with and each debtor may answer questions for five minutes or so.

Usually within 90 to 120 days after the meeting of creditors, the case concludes when the Court enters a Discharge Order which releases individual debtors from personal liability for most unsecured debts. Although corporations can file under Chapter 7 they do not actually receive a discharge.

The grounds for denying an individual debtor a discharge in a Chapter 7 case are narrow, and usually are due to debtors not honestly disclosing either debts or assets. The attorneys at The Sader Law Firm are here to do everything we can to ensure that your case goes smoothly.

The first step in getting help is to take a moment right now and fill out the contact form on the left side of your screen or just give us a call. We are happy to provide absolutely free phone consultations with a local attorney in our Kansas City office who will review your situation.

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