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Friday, January 5, 2018

Fundamentals Of Chapter 7 Salt Lake City Utah

By Peter Schmidt


Chapter 7 is the single most common form of bankruptcy that is filed in the United States. It is also known as straight bankruptcy. It is what most people think about when the term bankruptcy comes to mind. A court will appoint a trustee to oversee the case. One of the roles of the trustee will be to take over assets of the person involved, have them sold and distribute the money gotten to creditors. In considering chapter 7 Salt Lake City Utah residents need to know what it involves.

Before the filing of the case, one is required to gather their financial records such as bank statements, loan documents, pay stubs and credit card statements. The information is needed for filling out schedules, bankruptcy petition and statements of financial affairs. This is in addition to other necessary documents.

The majority of people seeking to file for chapter 7 need to take part in counseling with licensed and approved credit counselors. It is a session can be done in person, online or over the phone. It is very crucial since there are potential debtors without proper knowledge of their options. When you deal with a counselor, they can also suggest alternatives that can be used in place of bankruptcy. It will ensure that before you file, you are well versed with its implications.

A debtor will also be required to pass a means test calculation. This is normally also a document that one completes before they get to file for bankruptcy. It is a test that was introduced in the year 2005. It is used to calculate whether the debtor is able to pay off some portion of their debts. It makes comparison of their income against the median of the state. If one fails it, they can only apply for bankruptcy under specialized exceptions.

After the filing is done, there is issuance of a document by the court to give notice of meeting between debtors and creditors. This notice is circulated to all creditors listed in the documents. During the meeting, a debtor is asked several questions regarding bankruptcy. The most important thing perhaps is seeking to know whether documents filed are accurate.

Trustees may also ask other questions related to the financial affairs of the debtor. In case a trustee wants to make further investigations on the bankruptcy, they may organize for a further meeting of creditors. At the meetings of creditors, any creditor can come and ask a debtor questions. In reality however, the only ones who normally appear are car creditors and IRS.

If the debtor has non-exempt property, a trustee can seize and sell property. Exemptions are federal statutes that allow you to have some of your property protected when you file for bankruptcy. For instance, there are exemptions to protect retirement accounts like 401k plans.

Before a debtor receives discharge, they would need to take courses in financial management. It is a class that is likely to be given by same people that gave credit counselling. It is important to spend one and a half hours in person, on telephone or online.




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