Chapter 7 Bankruptcy

September 18th, 2008 by Reed Allmand

Chapter 7 is a common form of bankruptcy case that most debtors have been filing. A filing under chapter 7 is called liquidation. It is a kind of liquidation proceeding in which the debtor is allowed to keep aside exempt property and a trustee appointed by the court takes over the debtor’s non-exempt assets, sells them and pays off the creditors through the sale proceeds. In Texas, you also have the choice of using the federal exemption statutes instead of your Texas exemptions.

If you are planning to file for bankruptcy under Chapter 7 to delay foreclosure, it can buy you 45 to 75 days. It will temporarily delay foreclosure while the Bankruptcy Court works out the details.

To qualify for relief under Chapter 7 of the Bankruptcy Code, the debtor must be an individual, a partnership, or a corporation.

In a Chapter 7 proceedings a discharge is available to individual debtors only, not to partnerships or corporations. Although the filing of an individual Chapter 7 petition generally results in a discharge of debts, an individual’s right to a discharge is not absolute, and some types of debts are not discharged. Moreover, a bankruptcy discharge does not extinguish a lien on property. In other words, a creditor will retain its rights to collateral securing a debtor’s obligation.

About Reed Allmand

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Allmand's vision is rooted in his own financially precarious childhood in Abilene "My father always had difficulty holding a job and supporting our family, so after my parents divorced when I was 12, my sister and I got jobs to help make ends meet," he recalls. "I remember what it felt like as a child to worry that our car would be repossessed or home foreclosed on."

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    Why do I need to submit a new wage order when I modify my plan

    When we modify your bankruptcy plan we are changing your plan payments. This means that we have to get with your employer and change the terms and amount of your wage order. The only way we can do that is by filling out a new wage order form.  

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    If the bankruptcy stay terminates on your home that means that even though your in bankruptcy, your creditor can pursue all there legal remedies they can pursue if you were not in bankruptcy. This includes foreclosure, and having your house sold and evicting you from your house.

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