We have a team of experienced attorneys, paralegals and staff to assist you in obtaining the rights and remedies available to you under the U.S. Bankruptcy Code. Every bankruptcy attorney in our firm has knowledge of current law and changes to bankruptcy code, as well as skillful techniques for successful debt relief that creditors must accept and courts will approve.
Chapter 7 - A "Fresh Start Bankruptcy"
1. Chapter 7 is designed for debtors in financial difficulty who do not have the ability to pay their existing debts. Debtors whose debts are primarily consumer debts are subject to a "means test" designed to determine whether the case should be permitted to proceed under Chapter 7. If your income is greater than the median income for the state of residence and family size, in some cases, creditors have the right to file a motion requesting that the court dismiss your case under § 707(b) of the Code. It is up to the court to decide whether the case should be dismissed.
2. Chapter 7 exempts most assets. Over 90% of our clients keep everything. In Chapter 13, you keep all assets you choose, because most unsecured debts are 'as if in full'. In both chapters, all assets must be listed at time of filing.
.
3. The purpose of filing a Chapter 7 case is to obtain a discharge of your existing debts. If, however, you are found to have committed certain kinds of improper conduct described in the Bankruptcy Code, the court may deny your discharge and, if it does, the purpose for which you filed the bankruptcy petition will be defeated. Proper advise is key to a successful discharge.
.
3. The purpose of filing a Chapter 7 case is to obtain a discharge of your existing debts. If, however, you are found to have committed certain kinds of improper conduct described in the Bankruptcy Code, the court may deny your discharge and, if it does, the purpose for which you filed the bankruptcy petition will be defeated. Proper advise is key to a successful discharge.
4. Most general unsecured debts are discharged in Chapter 7. There are some exceptions. You may still be responsible for most taxes; student loans; debts incurred to pay nondischargable taxes; domestic support and property settlement obligations; most fines, penalties, forfeitures, and criminal restitution obligations; certain debts which are not properly listed in your bankruptcy papers; and debts for death or personal injury caused by operating a motor vehicle while intoxicated. Also, if a creditor can prove that a debt arose from fraud, breach of fiduciary duty, theft, or from a willful and malicious injury, the bankruptcy court may determine that the debt is not discharged.
Address: 736 S Center St, Reno, NV 89501
(775) 322-7980
For more information, visit our website
'Like' us on Facebook
'Follow' us on Twitter
