Using Chapter 7 Bankruptcy Laws to Get Rid of Your Debts
A debtor wanting most of the debts to be forgiven usually seeks to file chapter 7 bankruptcy instead of other types of bankruptcy such as chapter 13. Under the chapter 7 bankruptcy laws, most debts are discharged and most creditors must cease collecting efforts and any legal actions against debtors. However, the chapter 7 bankruptcy laws include many exceptions. The chapter 7 bankruptcy laws are complicated because there are many exceptions so many people seek the help of a bankruptcy attorney. A bankruptcy attorney can help the debtor file chapter 7 bankruptcy correctly and comply with the necessary laws. If a filer fails to comply with the chapter 7 bankruptcy laws, the case can be dismissed, rejected or converted to another type of bankruptcy filing.
When the bankruptcy court deems it fit to issue a debtor with a discharge order, the creditors can file complaints to object to the discharge. If creditors do not object, the bankruptcy court will proceed with the discharge order. Often, debtors only have to wait a few months to receive discharge orders if creditors do not object.
Almost all cases result in discharge orders. However, there are exceptions. Examples of reasons why a bankruptcy court may deny a discharge is if the court finds evidence that the debtor tries to deceive the court, takes advantage of the chapter 7 bankruptcy laws, illegally transfers assets or hides assets to avoid liquidation. If there is any evidence that a crime has been committed, then the bankruptcy court will reject the case. Even after the discharge order has been granted, secured creditors can still attempt to collect the assets used as collaterals for the debts. If a debtor does not want to give the asset back to the secured creditor, he or she can reaffirm the debt, pay the secured creditor and keep the asset even after the bankruptcy ruling.
Creditors are forbidden to harass the debtors once a discharge order has been granted. Secured creditors can collect the debts but unsecured creditors must stop all legal actions and harassment. If the debt has been sold to collection agencies, them too must stop all collection efforts after bankruptcy. On top of secured debts, there are many types of debts that are exempt from the discharge under the chapter 7 bankruptcy laws. Examples of debts that will still need to be paid are alimony, child support, taxes and guaranteed loans. Chapter 7 bankruptcy laws are complicated and it is important to know which debts will be forgiven before filing.
Article Source: Credit Card Bad Credit People
About the Author
Chapter 7 Bankruptcy Laws are often very hard to grasp, yet it is extremely important that you grasp them fully if you're thinking of filing for Chapter 7 bankruptcy. If you are, or are already in a bankruptcy situation, visit us at the Bankruptcy Laws Organization today to learn all about your bankruptcy options in plain English.
Author: ArtFelding
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