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How does the Chapter 7 bankruptcy process work?

On Behalf of | Jul 28, 2023 | Bankruptcy

In times of severe financial stress, you might find yourself considering various options to regain financial stability. One such option is filing for bankruptcy under Chapter 7, a legal process designed to eliminate most of your unsecured debts. But how does this process work, and what should you expect when you file for Chapter 7 bankruptcy?

The Chapter 7 bankruptcy process can seem daunting, especially when you are already facing financial hardship. Yet understanding each step can ease your stress and help you make informed decisions.

The decision to file

First, you need to determine whether filing for Chapter 7 bankruptcy is your best option. This involves reviewing your debts, assets and overall financial situation. You also need to pass the “means test” to qualify for Chapter 7 bankruptcy. This test compares your income to the median income in your state. If your income is below the median, you can file for Chapter 7 bankruptcy.

The bankruptcy petition

Next, you need to gather all necessary financial information, including a list of all your debts and assets. You then prepare and file the bankruptcy petition with the bankruptcy court in your area.

The automatic stay

Once you file the petition, an “automatic stay” goes into effect. This temporarily halts most actions by creditors to collect debts, providing you with relief from harassing phone calls and letters.

The role of the bankruptcy trustee

The court assigns a bankruptcy trustee to your case after you file. The trustee’s job is to review your paperwork, sell your non-exempt property and distribute the proceeds to your creditors.

The 341 meeting

You must attend a meeting of creditors, also known as the “341 meeting”. At this meeting, the trustee and any attending creditors may ask you questions about your bankruptcy papers and financial situation.

The discharge of debts

At the end of the bankruptcy process, the court discharges your eligible debts. This means you no longer owe these debts and creditors cannot attempt to collect them.

You should carefully approach and review each step of the Chapter  7 bankruptcy process to successfully navigate this legal pathway to financial recovery.