Exploring the concept of claiming bankruptcy can be an incredibly intimidating process, however it can be a vital step in achieving financial stability. Attorney Matthew J. Vivian understands that even researching the idea can be daunting, so he takes the time to educate his clients on their options and rights when filing for bankruptcy under Chapter 7. He will lead you step by step through the process and allow you to take charge of your financial future.
Understanding Chapter 7 Bankruptcy
Chapter 7 requires the debtor’s nonexempt assets to be liquidated by the bankruptcy trustee. The proceeds from the sale of the debtor’s property will then be distributed to creditors in compliance with the Bankruptcy Code. Certain exempt property, as specified by the Bankruptcy Code, may be kept by the debtor. Individuals considering filing for a petition under Chapter 7 should know that it may result in the loss of property.
Both individuals and businesses can qualify for Chapter 7. The first step in determining your eligibility is taking a mean test. To pass the mean test and be eligible for Chapter 7 bankruptcy, your monthly income must be less than the median income for an equivalent household size in your state. In addition, to be a debtor under Chapter 7 you must receive credit counseling from an approved credit counseling agency within 180 days of filing.
How to get started
To begin a Chapter 7 case the debtor must file a petition with the bankruptcy court that serves the area where the person lives. It is highly recommended to consult an attorney prior to filing a petition. An attorney can assist in determining if you really need to claim bankruptcy and what Chapter would be most appropriate. In addition, an attorney can ensure that the petition, schedules and other documents are properly filled out and filed. Contact the Vivian Law Firm today and rest assured that Attorney Matthew J. Vivian will put his expertise to work for you.