Chapter 7

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Chapter 7 bankruptcy is known as a “liquidation” or “straight bankruptcy” and is the type of bankruptcy most commonly filed by individuals. Unlike a Chapter 11 or a Chapter 13 bankruptcy case, a Chapter 7 bankruptcy does not involve periodic repayment of debts, and thus is generally the quickest option for those who qualify. In a Chapter 7 bankruptcy a debtor files a petition asking the Bankruptcy Court to “discharge” (or forgive) most unsecured debts, such as credit cards and medical bills. Upon receiving a discharge, any debt considered to be discharged is no longer legally owed by the individual receiving the discharge. In exchange for the discharge of debts, a person seeking relief under Chapter 7 of the Bankruptcy Code gives up any non-exempt property (if any) to a bankruptcy trustee. The bankruptcy trustee reduces the non-exempt property to case and distributes the case to the debtor’s creditors.

Bankruptcy law allows an individual or family seeking protection from creditors under Chapter 7 to keep certain exempt property up to specific dollar amounts. Exempt property usually includes your home, your car, your personal possessions, retirement plans (including IRAs and 401k plans), and your wages. In fact, while a Chapter 7 bankruptcy is theoretically a liquidation of a debtor’s assets, as a result of exemptions the majority of individual Chapter 7 cases are deemed to be no asset cases – in other words there are no non-exempt assets for a Chapter 7 trustee to liquidate.

In order to qualify for a Chapter 7 bankruptcy you must meet certain criteria related to your income. These criteria change from time to time, are different from state to state, and are based on personal circumstances. An experienced bankruptcy attorney can assist you in navigating the issues related to a Chapter 7 bankruptcy case and help you to determine if Chapter 7 is the right choice for your particular circumstances. Call the Law Offices of James Wingfield at 508-797-0200 or visit our contact page to schedule a free consultation with an experienced bankruptcy attorney.

Resources

Massachusetts Chapter 7 Trustees

United States Bankruptcy Court, District of Massachusetts

Chapter 7 of the United States Bankruptcy Code

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