| Chapter 7: Discharge Existing Unsecured Debts: Filing fee $299.00
The purpose of this information is to answer general questions about chapter 7 cases The bankruptcy law is complicated. It cannot be completely explained in a few paragraphs. Therefore, you should not rely upon this information alone to make a decision about whether or not to file a bankruptcy case or what type of bankruptcy case you should file.
You should consider chapter 7 if:
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Your wages are being garnished.
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You have judgments against you.
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You are threatened by lawsuits.
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You had a car repossessed and cannot pay the balance due.
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There is no equity in your property and the mortgage is current.
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1. 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 a “means test” designed to determine whether the case should be permitted to proceed under chapter 7. If your income is greater than the median income for your state of residence and family size, in some cases, creditors have the right to file a motion requesting that the court dismiss your case under § 707(b) of the Code. It is up to the court to decide whether the case should be dismissed
2. Under chapter 7, you may claim certain of your property as exempt 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 your creditors.
3. The purpose of filing a chapter 7 case is to obtain a discharge of your existing debts. If, however, you are found to have committed certain kinds of improper conduct described in the Bankruptcy Code, the court may deny your discharge and, if it does, the purpose for which you filed the bankruptcy petition will be defeated.
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If you would like to receive a bankruptcy information packet from the Porter Law Network or if you have a question you would like answered; please send an e-mail to kjplawnet@aol.com. The Porter Law Network is a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.
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