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Chapter 7 Bankruptcy
Helping you eliminate debts and stop creditor harassment through effective bankruptcy solutions.
Cons of Filing a Chapter 7 Bankruptcy
A Chapter 7 bankruptcy stays on your credit report for 10 years.
Some debts are not discharged in a Chapter 7 bankruptcy. Debts like child support, DUI debts, recent taxes, court fines and penalties, and most student loans are not dischargeable.
There is a limit to what you can keep in a Chapter 7 bankruptcy. If your assets are over the limit for what you can protect, the trustee assigned to your case can seize them and sell them to pay off some of your debts. Most people do not have assets that are over the limit and can keep their cars, houses, and other assets.
Your credit score will take a hit. The number of points it will drop depend on a number of factors, so there’s no way to know ahead of time how much your score will decrease by. However, most people’s scores tend to go up within even a few months of filing.
It will be a few years before you can get a home loan.
Filing for Chapter 7 may make it harder to get an apartment for a while after you file. Some landlords won’t rent to a person with a recent bankruptcy, but the longer it’s been since you filed, the less it matters.
If you want to finance a vehicle after you file, the interest rates may be higher than if you had financed it before filing.
Benefits to Filing a Chapter 7 Bankruptcy
Once your bankruptcy is filed, creditors are no longer allowed to harass you, deduct money from your accounts, or garnish your wages. Lawsuits are put on hold and new lawsuits cannot be initiated.
Debts such as credit card debts, personal loans, and medical debt are discharged, meaning that once your discharge is granted, you’ll no longer be liable for those debts. Some taxes may also be dischargeable.
You can surrender a financed vehicle without owing the deficiency. Outside of a bankruptcy, if you want to get rid of a vehicle that you financed, you would give it back to the lender and they would sell it for less than what you owed. Then the lender would bill you for the difference between what you owed and what they sold it for. So you would still be paying for a car you don’t even have. In a bankruptcy, however, you can give the car back and just walk away from the loan without owing another cent.
Once you no longer have to pay on your credit cards, medical bills, loans, or other debts, you can gain control of your finances and your life.
Chapter 7 Bankruptcy Process
The first step is the consultation. I offer a free one-hour consultation to go over your entire situation and determine if bankruptcy is the right route for you.
Once you hire me, you’ll need to take an online credit counseling class and get some documents together. You have to take a credit counseling class before you file and another one after your case is filed. They are simple online classes about budgeting. The first one takes about an hour and the second one takes about two hours. Some companies offer the class by phone, but they usually charge more for that.
They’ll issue you a certificate that is only good for 180 days. If you think it will take longer than that for you to file, you can wait to take the class until right before your case is filed. However, your case can’t be filed without that certificate.
You’ll need to send me some documents. For most people, that consists of 6 months of bank statements and pay stubs, the last two years of taxes, credit reports, and the most recent car and/or mortgage statement. Most of the paperwork can be downloaded online and emailed over. You can also mail it to me or drop it off at my office.
Once I have all of the paperwork and you’ve paid my fee, I’ll send you a draft to look over. If nothing needs to be changed, we’ll schedule a signing appointment. We’ll meet over a video chat to review your filing, change anything that needs to be changed, and then I’ll send you a copy to sign. Once you send it back, I’ll file it with the court.
Once the case is filed, the court automatically gives you your case number and assigns you a date to meet with a trustee. The meeting is generally scheduled four weeks after your case is filed. It is the only appearance most people have to make and it’s over Zoom, so you don’t even have to go to court.
You have 60 days after you meet with the trustee to take your second credit counseling class. You can take it before you meet with the trustee if you want to.
Most people get their discharge about 60 days after they meet with the trustee and their case closes a few days later. If you haven’t paid your filing fee by then, the court will give you another 30 days to get it paid. Once you pay the fee, they’ll grant your discharge and close the case.
If your trustee decides to sell some of your assets, the trustee wants to wait for you to file your taxes, or a creditor objects to your discharge, your case could stay open longer. These things rarely happen, though and we’ll usually know if there’s a risk before the case is filed.
Law Office of
Rachel Edmiston
Helping you regain control of your finances.
rachel@edmistonlegal.com
425-374-1215
© 2024. All rights reserved.
11400 Airport Rd
Suite 200
Everett, WA 98204