Chapter 7 is the most common form of bankruptcy. It is a liquidation proceeding in which the debtor’s non-exempt assets, if any, are sold by the Chapter 7 Trustee and the proceeds are distributed to creditors according to the priorities established in the Bankruptcy Code.

One of the primary purposes of a Chapter 7 bankruptcy is to discharge certain debts in order to give an honest individual a “fresh start”. The bankruptcy discharge has the effect of extinguishing the debtor’s personal liability on dischargeable debts. Although the filing of an individual Chapter 7 petition usually results in a discharge of debts, an individual’s right to a discharge is not absolute, and some types of debts are not dischargeable, i.e., past-due child support, student loans and certain income taxes.

Chapter 7 is available to individuals, married couples, corporations and partnerships. Debtors are required to attend a meeting of creditors approximately five weeks after the filing of the case. The case is usually discharged (completed) within four months of filing the case.

Wadhwani & Shanfeld, APLC, will be with you every step of the way through the bankruptcy process. We draft all of the documents for you and do not require you to fill out lengthy applications or forms. We provide representation at the meeting of creditors and will guide you in the right direction upon the discharge of your case.