Chapter 7 Bankruptcy is an option available to both businesses and individuals and is utilized by roughly 50% of our clients. The principal distinction between it and Chapter 11 and 13 bankruptcies is that it allows for complete forgiveness of unsecured debt without payment
, as opposed to debt reorganization,
like Chapter 13. Exceptions to what debt can be discharged exist, however, for various forms of property, liens, student loans, child support and more. Generally speaking, it is unsecured debt, such as debt from credit cards or unpaid utility or medical bills, which will be forgiven when a Chapter 7 bankruptcy is approved by the court.
A trustee will be appointed to your case and, in most instances, you will receive a court-ordered discharge, releasing you from liability for the debts that qualify as dischargeable, within a few short months. The vast majority of individual Chapter 7 cases do not even require a formal court appearance, you simply briefly meet with a Chapter 7 trustee. True relief is right around the corner - contact our offices today, and we will be happy to answer any questions or concerns you have!
In 2005, Congress passed the Bankruptcy Abuse Prevention and Consumer Protection Act
, which effectively made it more difficult to declare Chapter 7 bankruptcy. Specifically, a “means test” was instituted for consumers attempting to declare bankruptcy whose monthly income is found to be higher than the median income of the state.
As indicated by its name, this act is intended to prevent abuse of bankruptcy law, not to prohibit qualifying individuals from seeking protection under the law. The median income threshold will vary from state to state – if you are considering filing for Chapter 7 bankruptcy protection in the greater Green Bay, Wisconsin area, we urge you to call us today for a free consultation.