CHAPTER 7 BANKRUPTCY
"DISCHARGE AND LIQUIDATION"
Chapter 7 Bankruptcy is governed under Title 11 of the United States Bankruptcy Code. This type of bankruptcy is often called the "Discharge or Liquidation Bankruptcy" because of its ability to eliminate, discharge most if not all of your debts. However, if you are not careful in your exemption planning this type of bankruptcy can also involve the liquidation or selling off of your assets by the bankruptcy trustee.
At the Law Offices of Carl E. Combs we represent our clients throughout the bankruptcy process. We know that no two bankruptcies are the same and that's why we take the time to speak with our client's and guide them through the bankruptcy process. A major concern for people considering bankruptcy is whether they will lose their assets and property, which is why consultation with an experienced bankruptcy attorney is so important. At the Law Offices of Carl E. Combs we will work with you to review your specific case and select the correct exemptions therefore helping you keep your property and assets while discharging your debts.
Below we have provided a brief road map on the Chapter 7 bankruptcy process. The information contained on this page is not legal advice and should not be relied upon on as such. For a complete description and overview of the bankruptcy process please contact one of our trained bankruptcy attorneys today.
Chapter 7 Bankruptcy:
Prior to filing for bankruptcy you will need to complete your chapter 7 petition and pay a $306.00 filing fee (unless you qualify for a fee waiver) or you may file a request to pay the fee in installments. The bankruptcy petition is very important and you must be sure to be completely honest in your petition as well as thorough. Failure to include a creditor in your petition could result in that debt not being discharged. At the Law Offices of Carl E. Combs we work with you to ensure that you are maximizing the relief and benefits offered to you under the Bankruptcy Code. It is important to get things done right the first time because you can not file for bankruptcy again for 8 years.
Once your Chapter 7 bankruptcy petition is filed with the court a bankruptcy trustee will be appointed. During the meeting of creditors the bankruptcy trustee will question you regarding your petition and property. If the trustee determines that you have nonexempt property then he or she will take control of your nonexempt property and liquidate (sale) it. Money made from the liquidation of your nonexempt property is then used to pay off creditors. Only nonexempt property is subject to liquidation. California has many exemptions that apply to a debtor's home, vehicle, and certain personal property. At the Law Offices of Carl E. Combs we will discuss all possible exemptions with you prior to filing your bankruptcy petition and ensure that you are completely prepared for your meeting; we will also represent you at the meeting and protect you from making any mistakes.
An automatic stay is issued by the court upon the filing of your bankruptcy petition. The automatic stay protects you from further action by creditors to collect from you and actually makes it illegal for creditors to engage in any further communication to collect from your during your bankruptcy.
The finalization of your bankruptcy involves the court issuing a discharge which means that you have no obligation to repay those debts!