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Review Of Chapter 7 Bankruptcy

Chapter 7 bankruptcy is a little different from all other types of bankruptcy. Often, chapter 7 bankruptcy is referred to as a liquidation bankruptcy. The person who is in debt signs over all of his or her assets to a person or company who is named as their trustee.

The trustee then sells off all of the assets to pay the debtor's creditors. Although Chapter 7 bankruptcy is a long process and can take up to four to six months to complete, other types of bankruptcies can take much longer and cost far more.

Although generally all assets are liquidated, the debtor is allowed to keep certain possessions. The allowable amount depends on the laws of the state in which you reside, and those laws vary widely from state to state.

However, if the debtor owns real estate, cars or boats, these possessions will be confiscated and liquidated to pay of the debt that has been incurred.

When you are considering bankruptcy, it is important to research all types of bankruptcy and what type would be best for your situation. It is important to remember that Chapter 7 bankruptcy is good for those who have assets and have incurred a large amount of debt due to unemployment or illness.

If you have credit cards that you wish to keep active, contact the card companies. Only they can decide if the accounts will be kept active. If they understand that you are considering bankruptcy, they will be motivated to try to work something out with you, since they fully understand that if you move forward with bankruptcy, they will probably only get nickels on the dollar for your balance.

Once the papers are filed with the court, all of your creditors will be notified. At this point, all collection activity will stop and any wage garnishes will end. You will no long receive those annoying phone calls all day and half the night.

A meeting will be set up between the debtor and the creditors. Most often, creditors will not attend these meetings because they are only about five minutes long.

The trustee will sell all assets within a month of the initial meeting to pay off creditors, however this process often takes a lot longer than one month.

It is important that you meet with a qualified lawyer who understands the specifics of the bankruptcy laws in your state, and understand the process of chapter 7 bankruptcy. There are certain conditions that may apply before your case can be discharged. Your lawyer will know the bankruptcy laws of the state in which you reside and what the conditions may be.

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