Who Can File Chapter 7 Bankruptcy?
An individual (or married couple) must have little or no disposable income to qualify for filing a Chapter 7 Bankruptcy. If a person makes too much money, the Court may require them to file Chapter 13 Bankruptcy, instead of Chapter 7.
Chapter 7 of the Bankruptcy Code also provides for “liquidation.” This means that the debtor’s property must be sold, and the money from the sale is used to pay back the debtor’s creditors. However, under Chapter 7, some of the debtor’s property – including a car and personal property – will be “exempt from liquidation”. This means you can KEEP your car and personal property.
Additionally, in many Chapter 7 Bankruptcy cases, the debtor often has little or no property, other than what is “exempt” (protected). So, very often in Chapter 7 cases, there is not even liquidation of the debtor’s assets. These cases are called “no-asset cases” – because the debts are just “wiped out” – and that is the end of it!
Debts that can NOT be Discharged in Bankruptcy:
A Chapter 7 Bankruptcy results in a discharge of most debts. But a few limited types of debts cannot be discharged in bankruptcy, including: most taxes; most student loans; most child support obligations; most liens on property. The best way to understand if the debts you have can be discharged, is to call our experienced bankruptcy lawyers for a free consultation.