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There is certain property that a debtor in bankruptcy is able to keep and creditors just cannot take. That property is defined by federal and state statute (law). That property is called “exempt” property. The exemptions are more important in a Chapter 7 bankruptcy than in a Chapter 13 bankruptcy, although the exemptions apply to both consumer bankruptcy chapters.
As we complete the required paperwork (called schedules and statements – among others) we will identify what exempt property you own.
Chapter 7 is a liquidation bankruptcy. That is because any assets that you may own above and beyond the exemptions, a Trustee (an attorney that administers your bankruptcy case) is likely to ask you to turn over those assets to them and they will liquidate (sell for money) those assets to pay a pro-rata portion to certain unsecured creditors who file a “Proof of Claim” (evidence of a debt owed to that creditor in a specific amount). After a set amount of time has run (deadlines to object to a discharge) and no other issues arise, the Bankruptcy Court will issue a Discharge Order.
Chapter 13 is a reorganization bankruptcy. That is because instead of turning over unexempt assets to a Trustee, payments are made from future income to the Trustee for a period of 30 to 60 months. This allows for payment of administrative fees, secured debt (e.g., mortgage arrearages and vehicles), and ultimately a percentage of unsecured debt. Typically, Chapter 13 is for debtors with unexempt assets that they want to keep, mortgage payments arrearages on real property that they want to keep, and the ability to do so (i.e., can afford the Chapter 13 plan payments that would be required). A plan of reorganization must be approved by the Bankruptcy Court. After all payments have been made according to the approved plan and there are no other unresolved issues, the Bankruptcy Court will issue a Discharge Order.
First Meeting of Creditors:
Under each of these bankruptcy chapters, about one month after you file, there is a meeting with the Trustee assigned to your bankruptcy case. They will ask certain questions about your circumstances and financial condition as well as the bankruptcy papers filed in your case. Any requests from the Trustee must be complied with within a short amount of time. If this is not done, your bankruptcy case will likely be dismissed; resulting in a waste of time and money.
The automatic stay goes in effect at the time your bankruptcy case is filed with the Bankruptcy Court. This means that any creditor cannot contact you or take any further action to collect any debt from you: Stop creditor harassment!
The discharge is the goal of bankruptcy. This is the Bankruptcy Court order that generally tells listed creditors that they cannot collect certain, listed debts from you. Please note that there are certain debts that cannot be discharged in bankruptcy such as most student loans, criminal or government administrative fines, and generally taxes owed.
Contact us today to discuss your options, the bankruptcy chapter that would better fit your unique circumstances, and the benefits from filing bankruptcy.
The sooner you begin the process, the sooner you reap the benefits!
Notice required by 11 U.S.C. §528(a): All parties who provide bankruptcy advice or bankruptcy assistance to assisted persons, including parties licensed to practice law as attorneys by the Supreme Court of the State of Utah, must provide the following notice: “We are a Debt Relief Agency. We help people file for bankruptcy relief under the Bankruptcy Code.”
The information provided on this website if for marketing and general purposes only and is not intended as legal advice or as bankruptcy advice or assistance.
Please note that no attorney-client relationship is established with any of our attorneys until you have met personally with one of our attorneys and we have accepted your case and sign a retainer agreement.