Chapter 7 Bankruptcy
Chapter 7 bankruptcies help individuals all throughout the United States reduce or eliminate their debts and start fresh. Most people who are considering bankruptcy would rather discharge their debt completely by filing under Chapter 7 than proceed with other options, but not all people qualify for Chapter 7. Your eligibility for Chapter 7 bankruptcy is based on your disposable income.
Am I eligible for Chapter 7?
To determine whether you can file for Chapter 7 bankruptcy, you will have to take the means test. This is a test that determines whether your income and non-exempt assets are below a certain percentage. If the assets are above that percentage, then you may need to file for bankruptcy under Chapter 13 instead.
If you have discharged debts within the past eight years, you also may be unable to file for Chapter 7 bankruptcy. If you are wondering about your eligibility, you need to contact a board-certified bankruptcy law attorney for more information. You can determine whether you are eligible during a free consultation with a skilled lawyer at The Golden Law Group.
Anatomy of a Chapter 7 Bankruptcy Case
Chapter 7 bankruptcy starts with filing the necessary paperwork. You will need to file forms that list all of your property and debts owed. The information will be entered into a formula to determine whether you are eligible for discharge. If you are eligible, then you can decide to pay a low down payment and retainer fee to secure the representation of an attorney from The Golden Law Group.
At this point, you can tell all creditors that you have a lawyer representing you, and they can no longer contact you directly. Once you file for bankruptcy, you will also be protected by an automatic stay, which will stop all creditors from calling you.
Once you are working with a Chapter 7 bankruptcy lawyer at the firm, the firm will gather your financial information and file the appropriate paperwork with the right U.S. bankruptcy court in your area. In Florida, all bankruptcy filers are required to attend a special class on debt management after filing, either online or by telephone.
Your attorney can refer you to a certified instructor in your area. The Golden Law Group will then help you navigate through the liquidation process and arrange all discharges that are necessary as a part of your bankruptcy plan.
Small Business Bankruptcies
If you own and run a small business and have fallen into serious debt, it may be wise to file for Chapter 7 bankruptcy and discharge all of those expenses. Some business owners choose Chapter 7 bankruptcy if their businesses have assets that can be liquidated.
If the business does not have assets, then the owner may be able to file under Chapter 7 and avoid creditors taking action against the individual owner. If you do not have assets to liquidate, it may be wiser to let the corporation end by not filing for corporate status.
If you have comingled your assets in your business and personal finances, then you may want to file two Chapter 7 bankruptcies simultaneously. The firm can help you to do this in an efficient manner. You can save a lot of time by filing for these bankruptcies at the same time. Learn more about Chapter 7 bankruptcy at the firm today.
With the right attorney on your side, you will be able to file the correct bankruptcy and emerge from the process debt free! The Golden Law Group serves clients in Bradenton, Brandon, Sarasota, and Tampa. Don't hesitate to call right away if you need assistance!