Chapter 7 bankruptcy is also called “liquidation,” where a debtor will have a trustee sell nonexempt property to pay back outstanding debts. For example, you might lose your car or home if they are valued over a certain amount, because exemptions are based on value.
The background on Chapter 7 bankruptcy provides a good beginning for understanding the steps toward filing. As stated, the bankruptcy trustee will sell assets to pay back the creditors as followed by bankruptcy code. However, you can keep certain property, even homes and cars, as long as they are below certain levels of value. You can buy back certain property if you get the funds, so even losing a car or home does not mean you lost it forever.
Chapter 13 bankruptcy, on the other hand, is a repayment plan of paying back debtors over a period of time.
In filing for chapter 7 bankruptcy, you must be sure you’re eligible to do so, and if Chapter 7 or Chapter 13 is ight for you. Professional bankruptcy attorneys in Las Vegas can do just that for you. But not all bankruptcy attorneys are equal; hire one you can afford, can trust, and who’ll work hard to help your future.
Eligibility for Chapter 7 Bankruptcy in Las Vegas
The debtor has rights in Chapter 7 bankruptcy, as protected under the Bankruptcy Code. You must only be an individual, partnership, corporation, or other business entity. No matter how large your debt is, you have the right to file for Chapter 7 bankruptcy in Las Vegas. It does not matter how much you owe, if you’re solvent or not solvent, or who you owe money to.
There are some rules professional bankruptcy attorneys can go over with you. For example, if you filed a prior bankruptcy petition in the last 180 and failed to appear in court or comply with the court, you are not eligible. You also must go to an approved credit counseling agency within 180 days before filing.
Steps Toward Filing Chapter 7 Bankruptcy
As you can see, bankruptcy is a fair process designed to give you a fresh start. It may seem simple or rather complex, but in either case hiring bankruptcy lawyers in Las Vegas or any state is a wise decision.
Let’s go over some of the steps of filing.
First, you file a petition with the bankruptcy court where you or your business reside.
You must file other items with the court
-Schedules of assets and liabilities
-Schedule of current income
-Statement of financial affairs
-Lastly, a schedule of executory contracts and unexpired leases
Debtors must also provide your most recent tax return.
If you are an individual with mainly consumer debts you must also file a certificate of credit counseling along with a copy of the debt repayment plan developed, evidence of payment from employers, and a statement of monthly net income.
There are many other intricacies just in getting the documentation right. It doesn’t matter whether you have a job or not, often you cannot do this by yourself. Hiring counsel, professional bankruptcy attorneys, can help you with all the basic steps of filing successfully for Chapter 7 bankruptcy in Las Vegas.