Wednesday, April 30, 2014

What Is Chapter 7 Bankruptcy Louisiana?

By Heidi Carver


People who find themselves with dire financial problems often contemplate bankruptcy, but are not aware of what it entails. Chapter 7 is the most common chapter used for liquidation filing in the U. S. It obtained its name from the chapter it holds in the Bankruptcy Code.

It is also known as liquidation bankruptcy. Chapter 7 bankruptcy Louisiana is when a debtor's assets that have not been exempted are sold by a trustee. The proceeds obtained from the sale of the assets are used to settle outstanding creditors' amounts.

Before you start your petition, you should make sure that you have all the required documents available. These include reports like payslips, bank statements, credit card statements, loan agreements and anything else you may need for the completion of the petition. The information that you supply in the petition documents should be the same as those listed in your financial reports.

There are many documents to be completed when filing for chapter 7. You can obtain the documents as a package from the court clerk's office. You may have to pay a fee to obtain it. The documents will include, among others, schedules of assets and liabilities and a statement of financial affairs. You are required to lay bare his financial life to the court. This includes listing all property, creditors, expenses, income, debts and property transfers. Once all the documents have been completed, it needs to be filed with clerk of the court. A filing fee will need to be paid at this point.

It is necessary to pass a means test. This should be done prior to the filing. The test is used to determine if you have sufficient means to settle your creditors. If you should fail the test, you will need to fall into a special category to be able to file under this chapter of the bankruptcy code.

After you have filed the petition, a notice will be issued by the court calling for your creditors to attend a meeting. The notice is issued to the list of creditors in your petition documents. During this process, the trustee will pose questions about your financial situation. If the trustee is not satisfied with the answers you provide, the meeting may be postponed to allow for investigation into your affairs. The creditors may also raise question regarding the state of your finances during this meeting.

The trustee is given permission to seize any property you have that is not exempted, and sell it to raise cash. You have the right to hold on to certain types of assets. This may include assets such as retirement accounts. Schedule C of your petition will indicate the list of exempted property you hold. The assets that are taken by the trustee will be available for distribution among your creditors.

If the creditors or the trustee do not raise any objections to your debt discharge, the court will discharge your debts 60 days after the first creditors meeting. The discharge protects you from any further collections from creditors. You should remain aware that you will not be discharged from all your debts.




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