Chapter 7 Bankruptcy
Chapter 7 bankruptcy used to be the most
popular form of personal bankruptcy. However the new
chapter 7
bankruptcy laws make filing a Chapter 7 bankruptcy
harder for some people. Nowadays, those who cannot file for
a Chapter 7 bankruptcy will have to file for a Chapter 13
bankruptcy.
The new Chapter 7 bankruptcy law
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First let us
define what a Chapter 7 bankruptcy is
and why it has been so popular. In a
Chapter 7 bankruptcy, the person filing
bankruptcy gives all of his or
her properties to the bankruptcy court.
The bankruptcy trustee appointed for the
Chapter 7 bankruptcy case will sell
all properties and then distribute all
the money to the creditors.
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Can the creditors still harass me after a Chapter 7
bankruptcy?
By the chapter 7 bankruptcy law,
once a Chapter 7 bankruptcy is filed, the creditors cannot
harass you or collect any more. Once the Chapter 7 bankruptcy
trustee appointed for your case has finished distributing the
money from all the sales of your properties, the creditors get
nothing else.
Will I lose everything in a Chapter 7
bankruptcy if I file for it?
Although under a Chapter 7 bankruptcy, you
are supposed to give all your assets to the bankruptcy trustee
to sell and distribute the proceeds. In reality, this rarely
happens. A Chapter 7 bankruptcy is governed by 2
sets of bankruptcy laws: the federal bankruptcy laws and the
state bankruptcy laws. You need to check into the bankruptcy
laws in your state. Some states allow anyone undergoing
Chapter 7 bankruptcy to keep more assets than others. A
homestead exemption law, for example, allow bankruptcy
filers to keep their home.
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