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Chapter 7 Bankruptcy

Pros of a Chapter 7

  • Chapter 7 offers straightforward debt liquidation; in other words, you do not have to pay back your debts through a debt repayment plan. 

  • The process itself is relatively quick, often lasting about four months from the time you file to the time your case is close and your debt is eliminated. 

  • Although you may lose some of your property, you may be able to "reaffirm" certain debts (such as a car payment or mortgage) to avoid losing your house, vehicle, and other properties. 

  • Once you have filed for bankruptcy, your creditors are prohibited from taking aggressive collection actions or harassing you for payment. 

  • You are allowed to keep all property bought and income earned after filing for Chapter 7 bankruptcy. 

  • Although Chapter 7 filings remain on your credit report for up to 10 years, it may be possible to reopen a line of credit anywhere from one to three years after filing. 


Do I qualify for a Chapter 7?

To qualify for a bankruptcy, you must be exempt from or pass a means test. This is a complex test that is used to filter out people who try to abuse the bankruptcy process. The means test takes into account your total household current monthly income and total debt,  in addition to various other factors. Furthermore, you will not qualify for a Chapter 7 bankruptcy if you have had a previous Chapter 7 or Chapter 13 bankruptcy case dismissed in the past 180 days as a result of violating a court order or if you requested your case to be dismissed after a creditor requested relief from the automatic stay. You are also likely not qualified to file for a Chapter 7 if you have already filed for either a Chapter 7 within the past 8 years or a Chapter 13 bankruptcy within the last six years. 

Determining whether or not you qualify for a Chapter 7 bankruptcy can be a confusing process. The legal team at Burgess Law Firm can help you clearly understand your legal rights and options. We are committed to helping clients find the right path to debt relief. 

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