Chapter 7 Bankruptcy

A chapter 7 bankruptcy case does not involve having to repay all of your debts. Instead, the bankruptcy trustee gathers and sells your nonexempt assets and uses the money from those assets to pay people you owe money to. In addition, the Bankruptcy Code and Arkansas Law will allow you to keep certain “exempt” property. However, the trustee will liquidate any nonexempt property you have.

Who is eligible for Chapter 7 Bankruptcy? If you make below the amounts below you are not subject to the means test and you can file for Chapter 7 bankruptcy.

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(Arkansas Median Income for Family Size as of November 1, 2017)

1 Person Family     $42,546
2 Person Family     $52,621
3 Person Family     $58,931
4 Person Family     $66,712
5 Person Family     $75,112
6 Person Family     $83,512
7 Person Family     $91,912
8 Person Family     $100,312
9 Person Family     $108,712
10 Person Family   $117,112

If your household income is above the number above, you can still file Chapter 7 bankruptcy, if you pass the means test.

An individual cannot file under chapter 7 or any other chapter, however, if during the preceding 180 days a prior bankruptcy petition was dismissed due to the debtor’s willful failure to appear before the court or comply with orders of the court, or if the debtor voluntarily dismissed the previous case after creditors sought relief from the bankruptcy court to recover property upon which they hold liens. 11 U.S.C. §§ 109(g), 362(d) and (e). In addition, no individual may  file for bankruptcy under chapter 7 or any chapter of the Bankruptcy Code unless he or she has, within 180 days before filing, received credit counseling from an approved credit counseling agency either in an individual or group briefing. 11 U.S.C. §§ 109, 111. There are exceptions in emergency situations or where the U.S. trustee (or bankruptcy administrator) has determined that there are insufficient approved agencies to provide the required counseling. If a debt management plan is developed during required credit counseling, it must be filed with the court.

One of the primary purposes of bankruptcy is to discharge certain debts to give an honest individual debtor a “fresh start.” The debtor has no liability for discharged debts. That simply means that once the bankruptcy court has granted a discharge of your debts, you are no longer responsible for paying them.  In a chapter 7 case, however, a discharge is only available to individual debtors, not to partnerships or corporations. 11 U.S.C. § 727(a)(1). Although an individual chapter 7 case usually results in a discharge of debts, the right to a discharge is not absolute, and some types of debts are not discharged. Moreover, a bankruptcy discharge does not extinguish a lien on property.

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wh Law, is a debt relief agency. We help people file for bankruptcy protection under the U.S. Bankruptcy Code.

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