Guidance from a Trusted Houston, TX Bankruptcy Attorney
Chapter 7 is sometimes referred to as “straight bankruptcy” or “liquidation.” This is because, depending on your specific situation, a Chapter 7 bankruptcy discharges or “wipes out” all your unsecured debt in exchange for a liquidation of all your nonexempt property. Most people who file a Chapter 7 bankruptcy do not have nonexempt property to liquidate. Chapter 7 is a useful tool for consumers or corporations seeking to get a fresh start from unsecured debt. If you do not qualify for Chapter 7, Chapter 13 is a common alternative.
Specifically, Chapter 7 is effective in dealing with:
- Credit card debt
- Garnishments
- Judgments and lawsuits
- Creditor harassment
- Collection activity
- Medical bills
- Payday loans
- Personal loans
- Deficiencies from repossessions or foreclosures
- Co-signer debt liability
- Loss of license
- IRS liability
- Business liquidation or business debt
When bankruptcy is filed, an automatic stay is placed on all debts. This means creditors cannot seek payment during the process; must stop all collection activity, including lawsuits; and may not contact the debtor. Once the case is successfully completed, all dischargeable debts are discharged forever.
Determining Your Secured and Unsecured Debts Together
Generally speaking, a debt is secured if it was incurred to buy specific property in which the creditor retains an interest and can repossess or foreclose. Examples of secured debt include your house, vehicle, furniture, and appliances. These debts can often be reorganized in a Chapter 13 filing if you are behind on payments. Secured properties often may be kept in a Chapter 7 bankruptcy, if payments are kept current. However, you may also be able to surrender secured collateral and discharge any potential deficiency if that is in your best interest. This is something that we can help you determine.
Chapter 7 discharges your debts that are not secured, such as most credit card debt, personal loans, judgments, and medical bills, all while protecting your exempt assets such as houses, cars, and retirement accounts. Chapter 7 affords you the opportunity to make a clean start without the burden of bills.
Experience in Protecting Your Property With Exemptions
In Texas, Chapter 7 filers are allowed the option of choosing either federal or state property exemptions. Exemptions are property and assets that may be protected from seizure to pay creditors. Choosing the appropriate exemptions is a critical part of the bankruptcy process, so enlisting the help of an experienced bankruptcy attorney is highly recommended. Chapter 7 does not typically eliminate liens such as mortgages; some other debts including student loans, alimony and child support; or some types of tax debt.
Meeting Chapter 7 Requirements (With Guidance)
Those considering a Chapter 7 filing must qualify through a “means test” to determine if they have the means to pay their creditors. Anyone filing Chapter 7 must either fall below the state’s median income for families or qualify under the “means test.” In Texas, that median income currently ranges from $61,460 for a single person to $108,866 for a family of four.
This income is calculated from six months of income earned immediately before filing. Anyone above the median income may still be able to file for Chapter 7, but they must qualify under strict guidelines based on IRS standards. This is one of the many reasons to seek guidance from an experienced attorney who can guide you through the process.