Benson Law Office, LTD

Attorneys At Law

 

Chapter 7 Bankruptcy

In a Chapter 7 bankruptcy you wipe out your debts and get a “Fresh Start”

Chapter 7 bankruptcy is a liquidation where the trustee collects all of you non-exempt assets and sells any assets which are not exempt.  For the majority of our clients, all of their assets are exempt, which means they get to keep all these assets. 

Certain debts cannot be discharged in a Chapter 7 bankruptcy, such as alimony, child support, fraudulent debts, certain taxes and student loans.  In most Chapter 7 cases, the debtor has large credit card debt and other unsecured bills and very few assets. In the vast majority of cases a Chapter 7  bankruptcy is able to completely eliminate all of these debts.

You may keep certain secured debts such as your car or house by reaffirming those debts.  To do so, you must sign a voluntary “Reaffirmation Agreement”.  If you decide that you want to keep your house or your car, and you reaffirm the debt, you cannot bankrupt (or wipe-out) that debt again for eight years. You will still owe that debt and you must continue to pay it just as you were obligated to continue to pay it before you filed bankruptcy.