What To Expect Of The Process Of Filing For Chapter 7 Salt Lake City Utah

By Andrew Barnes


Bankruptcy should always be considered as a last option. If you are interested in filing under chapter 7, there are pros and cons that would come with your decision. To begin with, you will have to surrender your assets for liquidation. On the bright side, you will get a chance to regain your financial freedom in around three months. If you want to file for Chapter 7 Salt Lake City Utah could provide you with a decent number of seasoned lawyers who could help you through the intricate process.

The most basic step should be finding out whether you are qualified to file under the chapter 7 bankruptcy laws. Your attorney could guide you through the required tests that would basically reveal your discretionary income. People whose average proceeds are more than the median income within the state cannot file for bankruptcy under Chapter 7.

Those that pass the eligibility test may now need to have their property assessed. Keep in mind that the court would have jurisdiction over the majorities of your possessions. In exchange or having some of your debts discharged, the court will have power over your nonexempt property which will be liquidated and the proceeds used to pay off your creditors.

Secured debts are looked at differently. With this, you are required to reaffirm, surrender or redeem the secured debts. By surrendering a debt, you allow your creditor to repossess it. You also have the option of reaffirming a debt and in this case, you and your creditor will get into a new payment agreement. If you choose to redeem a debt, you will be committing yourself to paying for a property based on its present value.

Just like when filing for chapter 13, you will have to attend credit counseling. This will leave you with adequate information about your financial standing and even the alternatives you could consider. Ideally counseling should take place at least 180 days before filing for bankruptcy.

It remains crucial to seek the expertise of an attorney when preparing your paperwork. Ideally, the courts will need accurate information about your properties, debts and income. Any mistakes when preparing the documents could result in dismissal of your case.

A court appointed trustee would then hold a creditors meeting. Questions are likely to be asked regarding your paperwork and other related topics. In this case, it will be necessary for you to appear in court and personally answer any questions that are raised. Again, your lawyer would train you on the best way to respond and this should increase your chances of getting a discharge notice.

After the creditors meeting, you will have to enroll in a financial management course. You are likely to receive a discharge notice in about two months after meeting with your creditors and the trustee, though you must present a financial management certificate before the discharge notice is issued. It can be intimidating to go through the whole process alone and hence you should not underestimate the importance of working with a seasoned lawyer.




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