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Chapter 7 Bankruptcy Legal in Metairie, Louisiana
When you have accumulated tens of thousands of dollars of debt and aren’t sure which way to turn or how you will ever escape the deep financial hole you’re in, filing for bankruptcy may be an option. For individuals, there are two common types of bankruptcy: Chapter 13 and Chapter 7. A Chapter 7 bankruptcy is for individuals who pass the means test. Read more below about Chapter 7 bankruptcy filings, and call a Metairie bankruptcy attorney directly for a free consultation about your case.
Who Can File for Chapter 7 Bankruptcy?
As mentioned, only those debtors who pass a means test can file for a Chapter 7 bankruptcy. If a person has too many “means,” — i.e., income and assets — then they will need to file a Chapter 13 bankruptcy, which will require the debtor to enter into a repayment plan with creditors that will last for between three and five years before debts are discharged.
Usually, if a person makes less than the median income in their state, they pass the means test. If you make more than the median income, you may still qualify for a Chapter 7 bankruptcy if you don’t have enough disposable income to repay a portion of your debts.
How a Chapter 7 Bankruptcy Works
As soon as a person files their paperwork for a Chapter 7 bankruptcy with the bankruptcy court, the automatic stay goes into effect. The automatic stay puts an immediate hold on any creditors’ ability to continue to collect debt. This means that while the automatic stay is in effect and your bankruptcy case is pending, creditors are not allowed to contact you or attempt to collect on debt. This can be a major reprieve for debtors.
A Chapter 7 bankruptcy is known as a “liquidation” bankruptcy, precisely for the reason that any non-exempt assets of a debtor will be “liquified” and the cash will be used to pay back a portion of debts. Once the process is complete, any remaining debts will be discharged, or erased. It’s important to know that some debts are never dischargeable in a bankruptcy claim, such as child support debt.
Is Bankruptcy Right for Me?
It can be difficult to know whether bankruptcy is the right avenue. If you are unsure, you should speak with a financial professional, an attorney, or both. Usually, bankruptcy is considered to be a last-resort option and one that you should pursue only after exhausting other debt-relief methods, such as debt consolidation and creditor negotiation.
Call Our Metairie Law Firm Today
Filing for bankruptcy is an intimidating process, and one that can be legally complex and overwhelming. As you navigate the bankruptcy process in Metairie, consider working with a skilled Metairie bankruptcy lawyer. An attorney can help you to understand your rights and options, prepare your case, represent you in bankruptcy court, and more. Call our Metairie bankruptcy law firm today for the support and guidance you need.
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