Thursday 22 February 2018

What To Expect Of The Process Of Filing For Chapter 7 Salt Lake City Utah

By Andrew Barnes


Bankruptcy should always be considered as a last option. If you are interested in filing under chapter 7, there are pros and cons that would come with your decision. To begin with, you will have to surrender your assets for liquidation. On the bright side, you will get a chance to regain your financial freedom in around three months. If you want to file for Chapter 7 Salt Lake City Utah could provide you with a decent number of seasoned lawyers who could help you through the intricate process.

The most basic step should be finding out whether you are qualified to file under the chapter 7 bankruptcy laws. Your attorney could guide you through the required tests that would basically reveal your discretionary income. People whose average proceeds are more than the median income within the state cannot file for bankruptcy under Chapter 7.

Those that pass the eligibility test may now need to have their property assessed. Keep in mind that the court would have jurisdiction over the majorities of your possessions. In exchange or having some of your debts discharged, the court will have power over your nonexempt property which will be liquidated and the proceeds used to pay off your creditors.

Once your possessions are assessed, you can now redeem, reaffirm or surrender secured debts. These are any debts that are secured by collateral. In this case, you could give the creditor the right to repossess a property by surrendering it. You could also reaffirm a debt in which you would enter into a new settlement agreement with a creditor. In case you choose to redeem the debt in question, then the court would require you to pay your creditor the current value of a specific property.

Credit counseling is a key requirement when filing for bankruptcy. During your sessions, you would get to understand the repercussions of your decision better. Then again, the counselor would inform you of other alternatives that you may consider. You have to go for counseling 180 days before you begin filing your paperwork.

It remains crucial to seek the expertise of an attorney when preparing your paperwork. Ideally, the courts will need accurate information about your properties, debts and income. Any mistakes when preparing the documents could result in dismissal of your case.

A court appointed trustee would then hold a creditors meeting. Questions are likely to be asked regarding your paperwork and other related topics. In this case, it will be necessary for you to appear in court and personally answer any questions that are raised. Again, your lawyer would train you on the best way to respond and this should increase your chances of getting a discharge notice.

After the creditors meeting, you will have to enroll in a financial management course. You are likely to receive a discharge notice in about two months after meeting with your creditors and the trustee, though you must present a financial management certificate before the discharge notice is issued. It can be intimidating to go through the whole process alone and hence you should not underestimate the importance of working with a seasoned lawyer.




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