Chapter 7
In The Tulsa Oklahoma Area
Court Filing Fee $335
Chapter 7 is designed for debtors in financial difficulty who do not have the ability to pay their existing debts. Debtors whose debts are primarily consumer debts are subject to an income test designed to determine whether the case should be permitted to proceed under Chapter 7. Occasionally someone may be cash-poor and easily qualify for a Chapter 7 income-wise but be asset-rich in which case a Chapter 7 may not be the best course of action. Under Chapter 7, a debtor may claim certain property as exempt—or “protected”– under governing law. A trustee may have the right to take possession of and sell the remaining property that is not exempt and use the sale proceeds to pay some of the creditors. To determine whether or not you will qualify under Chapter 7, you need to contact an experienced Kansas City bankruptcy attorney for a free consultation.
Advantages:
- Relatively inexpensive and quick.
- Discharge unsecured debts such as credit cards, personal loans, lines of credit, payday loans, car/house loan deficiencies, some income taxes, medical bills, utilities, etc.
- Stops collection efforts, garnishments, repossessions, and state court actions that are meant to recover money—a hospital suing you for an seriously past-due, outstanding bill, for example
Disadvantages:
- It is possible that you may not get to keep all of your assets. The best way to find out for sure is to speak with an attorney.
- If a creditor can prove that a debt arose from fraud, breach of fiduciary duty, theft, or from a willful and malicious injury, the Bankruptcy Court may determine that the debt is not discharged will therefore survive the Bankruptcy.