What is Chapter 7 Bankruptcy?

What is Chapter 7 Bankruptcy?

Chapter 7 is the most common form of bankruptcy protection. During Chapter 7 bankruptcy, many or all of your debts are forgiven. In some Chapter 7 cases, your trustee will liquidate some of your assets in order to pay off your debts. However, in many cases this does not happen and the filer is able to retain most of their property.

 

While Chapter 7 is also known “discharge bankruptcy,” most debtors get to retain all of their property. Usually, the only thing that gets discharged is a person’s debts. You have to qualify for a Chapter 7 bankruptcy filing, and we will do everything in our power to help make this determination and file a Chapter 7 petition if you qualify. Even if you don’t qualify for a Chapter 7 filing, a Chapter 13 filing may be more beneficial and accomplish the same result.

 

The Simplest and Fastest Way to Eliminate Debt

Credit card bills, hospital bills, payday loans and other types of unsecured debt are completely discharged when you qualify and file Chapter 7 bankruptcy. Filing bankruptcy also protects you from adverse creditor actions such as harassment and wage garnishments.

There are certain types of debts that can’t be discharged by filing bankruptcy. If the debt is secured by an asset (such as a car or your home), the lender may be able to take the underlying asset if you choose to surrender the asset. Filing Chapter 7 bankruptcy will temporarily stop a home foreclosure or car repossession but will not save secured possessions if the payments are not current. If the goal is to surrender the asset to get out from under the payments owed on the asset, Chapter 7 may still be the way to go. However, if you want to keep the asset, you will need to become current on your payments or file Chapter 13 bankruptcy where you can become current over the term of the plan.

The Chapter 7 bankruptcy process usually takes about four to five months while a Chapter 13 filing can take between three and five years.

Receive answers to questions about Chapter 7 bankruptcy:

  • How can I stop creditor harassment?
  • Can I keep my home?
  • What can I keep in bankruptcy?
  • How will bankruptcy affect my credit?

Contact our Pennsylvania Debt Discharge Attorneys

To schedule a free initial consultation with our Pittsburgh Chapter 7 bankruptcy attorneys, call 412-553-0140 or fill out the contact form on this website.