Chapter 7 is
commonly referred to as a "straight bankruptcy". In this type of
bankruptcy any and all debts can be discharged, or "wiped out". Some
debts may be repayed voluntarily. In many cases you can agree to keep
and continue to pay for mortgages, car loans and many other types of
debts. We will help you make that determination. Contrary to popular
belief, when you file for Chapter 7 protection you won't "lose
everything" and your credit won't necessarily "be ruined".
When you file
for Chapter 7 protection several things happen. First, the instant your
case is filed your property falls under the protection of the
bankruptcy courts. This protection trumps any state court rulings or
judgments, including wage garnishments. Second, the court appoints a
Trustee to your case. The Trustee's most important job is to analyze
your assets and, if he or she determines that any of your assets could
be sold to repay your creditors, it is the Trustee's statutory duty to
pursue that sale. This is a possible drawback to wiping out your debts
and a reason that you should consult with an experienced bankruptcy
attorney before filing a Chapter 7 case.
Chapter 7 wipes
the slate clean as to your credit. Since most people considering
bankruptcy already have bad credit scores due to delinquent bills,
collections and judgments, Chapter 7 can often improve your credit
score. Knowing what to do after your case is complete is crucial, and
we will help you rebuild your credit.