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What is a CHAPTER 7 Bankruptcy?
Chapter 7 is the legal way to declare yourself unable to pay your debts. To file a Chapter 7, under the new law, your income and expenses must meet certain guidelines, demonstrating that you unable to pay your debts. When the Chapter 7 is completed, you will receive a Court Order discharging your legal obligation to pay your creditors.
They will NEVER be able to collect the money that you owe them!
What are the benefits of CHAPTER 7?
Debt relief and the elimination of bill problems are the obvious benefits provided by Chapter 7. Another very important benefit is the protection against creditor harassment provided to you by the "Automatic Stay".
After you sign the Chapter 7 Petition that our office prepares for you, we will file the Petition with the Clerk of the United States Bankruptcy Court. Immediately upon filing, a protection Order is entered by the Court. This protection Order is known as the "Automatic Stay".
The "Automatic Stay" protects you from ALL collection activities and harassment by ALL your creditors. Your creditors will NO LONGER be allowed to:
Harass you by telephone
Send you collection letters
File a lawsuit
Proceed with an existing lawsuit
Repossess your house
Start a wage garnishment or continue with a wage garnishment
The "Automatic Stay" is a powerful shield that provides you with peace of mind. It allows you to continue with your day-to-day life, no longer having to worry about creditors and their annoying telephone calls and is the first step to a FRESH START with your finances.
Who can file CHAPTER 7?
Under the new law, if your income and expenses meet certain guidelines, demonstrating that you are unable to pay your debts, you can usually file Chapter 7. Generally, you can file Chapter 7 if you pass what is known as the "means test".
The first method of passing the "means test" is by demonstrating that your income is below a certain median level. Your "income", for bankruptcy purposes, is the total gross income received from all regular sources over the past six months, divided by 6, then multiplied by 12. If your "income" is lower than the most recent median income figures (published by the Census Bureau and adjusted for inflation each year), for your family size and state, you are eligible to file Chapter 7.
For example, if you are an Illinois resident, your family size is 3, and your household's income is $60,000.00, you would be eligible to file Chapter 7 since your income for your family size is below the current median. See the table below:
| FAMILY SIZE |
MEDIAN INCOME
(based on most recent figures available through 2004) |
| 1 |
$45,941 |
| 2 |
$59,838 |
| 3 |
$71,075 |
| 4* |
$81,175 |
* You are allowed to add $7,500 for each individual in excess of 4.
The second method of passing the "means test" is by demonstrating that after all of your "allowed living expenses" are deducted from your "income", you are left with an insufficient amount to make payments to your creditors. Your "allowed living expenses" are based on IRS standards. If the amount left over after the deduction of your "allowed living expenses", multiplied by 60, is less than 25% of what you owe to your "nonpriority, unsecured" creditors or $10,000, you are eligible to file Chapter 7.
For example, let's say you have $150 left over each month, and owe $50,000 to your "nonpriority, unsecured" creditors.
Since $150 x 60 = $9,000 and $9,000 is less than 25% of $50,000 (which is $12,500), you would be eligible to file Chapter 7.
What happens after the petition is filed?
After your petition is filed with the Court, we will send you a copy of the Notice of Bankruptcy Filing, provide you with your filing date and bankruptcy case number, and advise you when to appear at the meeting with the trustee assigned to your case. One of our lawyers will appear with you at the meeting, where you will be asked some questions about the information in your Petition.
Approximately two to three months after the meeting, the Clerk of the Court will mail you the Order of Discharge which completes your case and discharges your debts.
How do I get started?
Call us at 312.781.0996 to set up an appointment for a Free Consultation with one of our attorneys at any one of our five locations.
Bankruptcy. Personal Bankruptcy Information - Complete U.S. bankruptcy information. Business Bankruptcy Predictor; Bankruptcy Exemptions for all States; Lawyer Locator; Do it Yourself Bankruptcy; Bankruptcy Statistics; Bankruptcy News and more.
This may be considered an advertisement or Advertising Material under the Rules of Professional Conduct. This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.
Joseph Wrobel Ltd. is a federally designated debt relief agency pursuant to Title 11 of the US Code. We provide legal assistance and help people file for bankruptcy relief under the Bankruptcy Code. This site was designed to answer those questions that are keeping you up nights. We will provide you with pertinent and timely information concerning bankruptcy. |
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