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Frequently Asked Questions

What is Chapter 7 Bankruptcy?

Answer

Chapter 7 bankruptcy, entitled Liquidation, contemplates an orderly, court-supervised procedure by which a trustee takes over the assets of the debtor's estate, reduces them to cash, and makes distributions to creditors, subject to the debtor's right to retain certain exempt property and the rights of secured creditors. Because there is usually little or no nonexempt property in most chapter 7 cases, there may not be an actual liquidation of the debtor's assets. These cases are called "no-asset cases." A creditor holding an unsecured claim will get a distribution from the bankruptcy estate only if the case is an asset case and the creditor files a proof of claim with the bankruptcy court. In most chapter 7 cases, if the debtor is an individual, he or she receives a discharge that releases him or her from personal liability for certain dischargeable debts. The debtor normally receives a discharge just a few months after the petition is filed. Amendments to the Bankruptcy Code enacted in to the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 require the application of a "means test" to determine whether individual consumer debtors qualify for relief under chapter 7. If such a debtor's income is in excess of certain thresholds, the debtor may not be eligible for chapter 7 relief.

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The information presented on this website, by Hope Law Group, and this Bankrtupcy law firm in Los Angeles, does not constitute legal advice and does not create any attorney-client relationship or contract of any kind with the Hope Law Group and/or its Attorneys. The Hope Law Group uses a written contract for each client and will only be representing you if you and the Hope Law Group sign a written legal representation contract and you pay any and all fees required. Information on this web site is provided for informational and educational purposes only. Information herein is not offered as, and does not constitute, legal advice. You should never make legal hiring decisions solely upon web pages, brochures, advertising or other promotional materials. If you are looking for a Los Angeles bankruptcy lawyer, you may contact one of our los angeles bankruptcy lawyers for your free initial consultation to find out whether our bankruptcy law firm can represent you.

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