Saint Charles Chapter 7 Bankruptcy
Chapter 7 bankruptcy, also called liquidation or straight bankruptcy, allows for you to completely discharge your debt. The court appoints a trustee who gathers any property you own that is considered nonexempt. This property is sold and the proceeds are distributed among your creditors.
The majority of property that you own is considered exempt, including your home, vehicle, and household goods. In many cases, there is no property for a trustee to sell. An experienced attorney can advise you whether you may have property that would be seized if you choose to file Chapter 7.
Saint Charles Chapter 7 Eligibility
While new federal legislation passed in 2005 has limited access to Chapter 7, it is still possible for many people to pursue this option. Individuals, married couples, corporations, and partnerships are all allowed to file for Chapter 7 in Saint Charles depending on their yearly incomes. In order to be eligible, your income must be below the median income for the state.
You must also undergo a means test to see whether you can afford to pay off 25 percent of your unsecured debt. If you can, Chapter 7 may not be an option for you, and you may need to file for Chapter 13 bankruptcy in Saint Charles as an alternative.
It is important to consult an attorney if you are considering filing for bankruptcy. He or she will be able to go over your finances with you and help you decide what, if any, type of bankruptcy filing you should pursue. The highly qualified attorneys at Blackwell & Associates, P.C. have the skill and experience to guide you through the Chapter 7 bankruptcy filing process.
Chapter 7 filing process
The Chapter 7 process begins with the filing of an official petition with the court. You must provide a list of your creditors and the amounts owed as well as comprehensive information about your income, property, and expenses. Your lawyer can help you assemble all of your financial information to present to the court. Once you file for personal bankruptcy in Saint Charles, your creditors are barred from further harassing you to collect on your debt.
About 20 to 40 days after you file your petition, a 341 hearing is held so the trustee can ask you questions about your property and your debts. After this hearing, creditors have 60 days to try convince the court not to forgive your debt.
Saint Charles personal bankruptcy - Reach out to us for advice
Facing bankruptcy can be extremely stressful and confusing. It is important to have an attorney who can work with you to discuss all your options and help you through each step of the process. The experienced Saint Charles bankruptcy lawyers of Blackwell & Associates, P.C. can help you find the best solutions for working through this difficult period and rebuilding your financial future.
Contact the Missouri law firm of Blackwell & Associates or call 1-866-476-0168 to learn how legal experience can help you work out your business or personal bankruptcy issues.