Chapter 7 is the commonest type of bankruptcy that most people file for in the United States. The other name is straight bankruptcy. It is what people have in mind when talking about going bankruptcy. In short, a court will appoint a trustee who oversees the case. The trustee takes assets of the debtor, gets them to be sold and uses the money that arises to pay creditors. In consideration of chapter 7 Salt Lake City Utah residents can benefit from some information.
Before the case is filed, it is a requirement that financial records are gathered which include loan documents, bank statements, credit card statements and pay stubs. It is this information that will be used for filling out necessary schedules, financial affairs statements and bankruptcy petition. They also help out filling out other documents.
Most of individuals who seek to file for chapter 7 are supposed to set up sessions with approved credit counselors. This is to happen before they file. The session can be attended in person, through phone calls or through online sessions. The sessions are important because there are debtors who are not versed with what is involved. A counselor will also tell you other available options. When the sessions are done, one will know implications of the process.
Debtors are also required to pass the means test calculation. This is also a document which must be completed before you can file for bankruptcy. The test was added to the code of bankruptcy in the year 2005 and calculates whether one is able to afford to pay at least some portion of the debts. The test makes comparison of income using median income of the state. In case you fail it, you will only be able to file for bankruptcy under special exceptions.
After the filing is done, there is issuance of a document by the court to give notice of meeting between debtors and creditors. This notice is circulated to all creditors listed in the documents. During the meeting, a debtor is asked several questions regarding bankruptcy. The most important thing perhaps is seeking to know whether documents filed are accurate.
A trustee can also ask additional questions that are related to financial status of a debtor. There are instances when there is need for additional investigations, in which case the trustee will set up more meetings. For the creditors meeting, you should expect any creditor to come and ask their questions. In most cases however, the creditors that turn up are IRS and car creditors.
If a debtors have non-exempt property, it is still possible for the trustee to seize and sell it. An exemption is a federal regulation which allows a debtor to have some property protected as they file for bankruptcy. For example, there is usually an exemption to protect a retirement account like 401k plan.
Before discharge is received by the debtor, a course in financial management is needed. The class will most probably be taken by credit counselors. It is advisable to spend one and a half hours for the classes, either in person or through telephone.
Before the case is filed, it is a requirement that financial records are gathered which include loan documents, bank statements, credit card statements and pay stubs. It is this information that will be used for filling out necessary schedules, financial affairs statements and bankruptcy petition. They also help out filling out other documents.
Most of individuals who seek to file for chapter 7 are supposed to set up sessions with approved credit counselors. This is to happen before they file. The session can be attended in person, through phone calls or through online sessions. The sessions are important because there are debtors who are not versed with what is involved. A counselor will also tell you other available options. When the sessions are done, one will know implications of the process.
Debtors are also required to pass the means test calculation. This is also a document which must be completed before you can file for bankruptcy. The test was added to the code of bankruptcy in the year 2005 and calculates whether one is able to afford to pay at least some portion of the debts. The test makes comparison of income using median income of the state. In case you fail it, you will only be able to file for bankruptcy under special exceptions.
After the filing is done, there is issuance of a document by the court to give notice of meeting between debtors and creditors. This notice is circulated to all creditors listed in the documents. During the meeting, a debtor is asked several questions regarding bankruptcy. The most important thing perhaps is seeking to know whether documents filed are accurate.
A trustee can also ask additional questions that are related to financial status of a debtor. There are instances when there is need for additional investigations, in which case the trustee will set up more meetings. For the creditors meeting, you should expect any creditor to come and ask their questions. In most cases however, the creditors that turn up are IRS and car creditors.
If a debtors have non-exempt property, it is still possible for the trustee to seize and sell it. An exemption is a federal regulation which allows a debtor to have some property protected as they file for bankruptcy. For example, there is usually an exemption to protect a retirement account like 401k plan.
Before discharge is received by the debtor, a course in financial management is needed. The class will most probably be taken by credit counselors. It is advisable to spend one and a half hours for the classes, either in person or through telephone.
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You can find an overview of the benefits you get when you consult a Chapter 7 Salt Lake City Utah attorney at http://www.bankruptcyutah.com/services right now.
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