CHAPTER 7

A Chapter 7 bankruptcy is designed to get you immediate relief from your unsecured debts. The Chapter 7 can erase credit card debts, medical bills, repossessions, and stop lawsuits. Once your debts have been discharged in bankruptcy, the law prevents creditors from ever coming back to collect from you. You will get the clean slate you have been looking for in about 90 days.

Let's Start a Free Consultation

Fill out the form below

HOW IT WORKS

  1. Consultation

    We offer a free consultation with one of our experienced attorneys. There, we will discuss your situation and assess the best options for you and your case.
  2. Document Preparation

    At EH Law Group, you can trust that only an attorney will prepare your petition for filing.
  3. Credit Counseling Class

    As required by the Bankruptcy Code, we will show you where to complete your online credit counseling class and obtain the required certificate.
  4. Petition Filing

    Once the petition has been drafted and you have reviewed your petition, we will file it with the bankruptcy court. You will receive a case number and a hearing date for your 341 hearing.
  5. 341 Hearing of the Creditors

    This is a hearing at the U.S Trustees office. The trustee and sometimes the creditors will ask questions about your petition and your case. You need to take a second debtor education class.
  6. Notice of Discharge

    You're done!

FREQUENTLY ASKED QUESTIONS

Do not let the term "liquidation" scare you because the law has many exceptions in place which allows debtors to keep their personal belongings and in most cases their home and cars (these are called "exemptions"). Contact us for an appointment to discuss your situation. Learn more about Chapter 7 Bankruptcy below:

  • Will I qualify for a Chapter 7 bankruptcy?

    To get into a Chapter 7 bankruptcy, you have to pass the "means test" which requires that your income be below a certain level. The means test is a formula designed for debtors with qualifying or lower income who need immediate relief within 90 days of filing. Generally speaking, the means test takes a debtor’s gross monthly income for the last 6 months and approved expenses into consideration. Though you might not qualify for a Chapter 7 bankruptcy if your income is "above" the means test, you may still be eligible for a Chapter 13 bankruptcy.

    The means test may sound scary but you do not have to be completely poor to qualify for a Chapter 7. Many people with significant income can still get into a Chapter 7 bankruptcy if they have sufficient legitimate expenses such as daycare and medical costs. The lower your disposable income (money left after deducting approved expenses), the more likely you can file a Chapter 7. That is why an attorney is so helpful because each means test must be reviewed on a case by case basis.

    If you would like more information on the means test and whether or not you qualify for a Chapter 7 bankruptcy, please give us a call or fill out our submission sheet online and we will discuss these issues with you.

  • Now that I have filed, how am I protected?

    The law protects you from creditors after the bankruptcy is filed. The creditor may not call you, your workplace, your friends or family to ask for money. This protection is called the "automatic stay." The automatic stay is so powerful that lawsuits, wage garnishments, bank levies or repossessions all must stop immediately. Until you file, our firm will filter calls by your creditors so you can complete the process in peace.

  • Now that I have filed, will I have to go to Court?

    Only a few debtors ever have to go to "Court" for their bankruptcy. Every debtor must attend a 341 meeting of creditors. The meeting is in court but is run by the Chapter 7 Trustee. The Trustee will review your case with you and ask questions to make sure you did not miss anything. We will be with you every step of the way in the meeting.

  • After the bankruptcy, are all my debts discharged?

    When a Chapter 7 bankruptcy is completed, you will get a Notice of Discharge issued and signed by the Bankruptcy Judge. The Notice states that your debts are discharged and you are personally protected by law from collections on the debts. If you are married, community assets including ongoing wages also remain protected. Commonly discharged debts include credit cards, medical bills, payday loans, repossessed vehicles, and other bills.

  • I got my discharge but the creditor is still calling, help!

    Your creditor is breaking the law. Creditors are not allowed to continue to contact you or collect any money except under very specific conditions. If creditors continue to contact you, each incident is an egregious violation of the law. Our office can help you take the law and fight back. Depending on your case, we can start a lawsuit against the creditor and make them pay for these violations.

    If you would like more information on post discharge collection violations, please give us a call or fill out our submission sheet online and we will discuss these issues with you.

Thank You For
Submitting Your Contact Details

One of our attorneys will contact you to discuss your situation in more detail. If you would like to speak to an attorney right away, please call (415) 230-5388. We look forward to speaking with you soon!

CALL 415-230-5388 FOR A FREE CONSULTATION