Chapter 7 overview with a list of forms and schedules needed
to file your own chapter 7 bankruptcy petition.
- List of creditors;
- Schedule of assets and liabilities;
- List of exempt property;
- Schedule of current income and expenditures;
- Statement of your financial affairs;
- Statement of intent regarding consumer debts secured by
property.
What happens after I file chapter 7 bankruptcy?
After filing bankruptcy chapter 7, you turn all property except
exempt property over to a trustee who
is appointed by the court.
Your initial goal in filing chapter 7 is to obtain the
"order of relief" so that an automatic stay is triggered! This
prohibits creditors from pursuing you or your property outside of the
bankruptcy proceeding.
Soon after filing your petition, the court clerk sends an
official notice of your bankruptcy filing to your creditors and then sets up a
341 meeting. The purpose of this meeting
is to allow your creditors (if any even show up) to question you about your
debts and your ability to pay them.
Although judges usually won't question you, your creditors and
the trustee might and you're expected to respond in good faith.
Creditors who object to your listed exemptions must do so within 30
days after the 341 meeting of creditors.
Creditors must also file a proof of claim against you within 90
days after the 341 meeting. Although
rare, if after your case is closed and a surplus of funds or assets exists and
all claims are paid in full, the court may grant an extension of time to
creditors to still file a claim against you.
If the trustee or any creditor objects to you receiving a general
discharge of all of your debts, they must file their objection within 60 days
following the 341 creditors meeting.
Otherwise if no objections are filed, and no motion to dismiss is
pending, the court will ordinarily grant a discharge upon expiration of the 60
day period.
A creditor may object to a particular debt being discharged,
but only within 60 days of the first date set for the 341 meeting of creditors,
if;
- You created a debt just before filing;
- You've committed fraud;
- You committed a willful and malicious injury to the person or
property of another.
See Chapter 7 bankruptcy for
in-depth information and alternatives.
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