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Chapter 7 Personal Bankruptcy Overview

No doubt if you are encountering financial hardship and your debt is just rising by the month, you must have comtemplated filing for bankruptcy protection. The most “popular” alternative is to file for Chapter 7 bankruptcy. Chapter 7 bankruptcy is named such bacause it is chapter 7 under the bankruptcy law. Chapter 7 bankruptcy is also known as the liquidation bankruptcy. It is also named liquidation bankruptcy because your assets can be repossessed and sold off to satisfy the debt obligation to the creditors. So what exactly is involved with filing Chapter 7 bankruptcy?

Hire a bankruptcy lawyer to represent you

Since bankruptcy is so complex, it should not be taken lightly. Bankruptcy is not an everyday event and therefore should be handled with care and should be left up to the certified bankruptcy lawyer. Filing for bankruptcy yourself is doable especially with the help of software assisted bankruptcy like 1clickbankruptcy.com. But do you want to take the chance and miss filing something crucial? What if you forget to include one asset in your filing and ended up losing it to the creditors in the process? Instead of jeopardizing your bankruptcy filing, a bankruptcy attorney can help you keep your assets and help you get a fresh start in life.

File Chapter 7 online

There are lots of things going on in the internet and almost all things are done through this big World Wide Web.  Some people even try to file chapter 7 online.  Although people can download PDF bankruptcy forms online and do their filling up electronically with the help of petition preparers or lawyers that are online, you still need to physically go to a bankruptcy court to file your papers.

Before you file Chapter 7 online, there are other alternative types of bankruptcy that you can choose from to avoid liquidation.  You can choose a chapter 13 type of bankruptcy which is a repayment plan.  This type of bankruptcy can help you save your home and catch up with your past debts through a repayment plan.

Get Chapter 13 Bankruptcy Help To Become Fully Debt Free

There is a need for proper personal bankruptcy information if you truly intend to become debt free by filing bankruptcy. It has been found that many debtors who opt to file for personal bankruptcy under chapter 7 ultimately end up being qualified for chapter 13. Nevertheless, chapter 13 bankruptcy could be deemed to be the most apt debt solution, even much better than various debt settlement plans, for debtors that have higher incomes.

It is advisable for a debtor to get chapter 13 bankruptcy help for reorganizing his overall debts as well as finances. This could enable him to be completely debt free in a time span of 3 to 5 years. Typically, chapter 13 is a viable option for debtors who have higher incomes and are most unlikely to qualify for a chapter 7 personal bankruptcy as per new bankruptcy rules and regulations in the United States. Typically, chapter 7 allows bankruptcy filers to retain only exempted assets but chapter 13 permits debtors to keep all the valuable belongings and at the same enables repaying a small portion of debts to creditors through a court approved monthly repayment plan. Thus, the debtor enjoys legal protection provided by law.

Filing Chapter 13 Bankruptcy under the New Laws

New bankruptcy laws implemented in 2005 have caused many debtors to think twice about filing for bankruptcy, thinking the new system makes it harder. But while it takes some getting used to, today’s bankruptcy laws actually make the process safer and more efficient. This is especially true when it comes to filing Chapter 13 or wage earner bankruptcy, as the new bankruptcy laws favor it in several ways. Here’s a quick guide to filing Chapter 13 bankruptcy under current bankruptcy laws.

Credit Counseling

Bankruptcy laws now require debtors to undergo a credit counseling session before the filing itself. The course can be taken in person, over the phone, or even online, and lasts only about an hour. Make sure to take the course from a center accredited by the bankruptcy courts. You will need to present the certificate of completion along with your other Chapter 13 documents.

Means Test

Where to File Chapter 7 Bankruptcy Online

If you’re surfing the net to file bankruptcy online then you are walking blindly.  There is no way a person can file bankruptcy chapter 7 online.  There is no bankruptcy court that accepts bankruptcy chapter 7 application online.  You have to do it the hard way and that means getting out of your couch, have your forms prepared and present them yourself in the bankruptcy court.  However, what you can do online is to research on how to file bankruptcy chapter 7, learn some basics about the latest bankruptcy law, download bankruptcy forms and avail services from an online bankruptcy lawyer or a petition preparer.  You just have to be mentally prepared before you go filing your papers through the bankruptcy court.  Now, still thinking about where to file chapter 7 bankruptcy online? I doubt it.

Who May File Chapter 7 Bankruptcy

Before a person can file chapter 7 type of bankruptcy, he or she must pass the means test and other eligibility requirements.  What is the means test and who may file chapter 7 bankruptcy?  The means test is a process where the bankruptcy court investigates your result whether you are eligible or not to acquire the help of the government in paying or discharging your debts.  The first factor to determine who may file chapter 7 bankruptcy is how much income a person earns in a month.  Having an income that is acknowledged as above average income or classified as above average in the state that you live in can decrease your chances of being eligible to file a chapter 7 type of bankruptcy.  This is because in most cases, having an income that is above average simply implies that a person have an income that exceeds his expense and therefore, has a sufficient extra amount of money that can be put to pay for his debts through another type of bankruptcy which is chapter 13.

How Often Can You File Chapter 7 Bankruptcy

Do you want to know how often can you file chapter 7 type of bankruptcy?  Well, the answer to that depends upon which original type of bankruptcy you filed before.  If your original bankruptcy is chapter 7, then it would take about 8 years before you can file a chapter 7 type of bankruptcy.  This is because you can only file bankruptcy again once your bankruptcy status is discharged and if you file a chapter 7, it would take a period of 8 years before your chapter 7 type of bankruptcy status get discharged.

If your original bankruptcy is chapter 13, this will also affect on how often can you file chapter 7 bankruptcy.  Chapter 13 takes about 4 years before it is discharged from your status so it would take the same time about 4 years before you can file a chapter 7.

Minimum Cost To File Chapter 7 Bankruptcy

Almost everyone wants to file chapter 7 type of bankruptcy.  This is due to the fact that chapter 7 kills bankruptcy as fast as it can get.  Among the types of bankruptcy, this is the most efficient and convenient way of eliminating debts, although, you have to sacrifice a lot of properties and when I say a lot, I am not exaggerating, it really is a lot!  And what is more good news to people who are eligible to file this type of bankruptcy is that to file chapter 7, you do not have to spend a lot out of your pocket and all it takes is a little knowledge, some hard work and a little filling and filing.

How do you File Chapter 7 Bankruptcy

Chapter 7 can be a financial life saver, especially, for very huge debts.  The power of eliminating almost all your debts can be so hard to resist that often most people file for a chapter 7 without even qualifying for it in the first place.  It can be hard for a person to pursue the judge if he has an income that exceeds his expense.  The truth is, chapter 7 is not for everyone so how do you know if you can file a chapter 7 and how do you file chapter 7 bankruptcy?

Can I file Chapter 7

Can I file chapter 7 type of bankruptcy?  To satisfy this question, there are numerous factors that can affect your eligibility to file bankruptcy but the primary thing is that there are things you can do to get yourself eligible to file bankruptcy chapter 7.