Chapter 7 Bankruptcy Lawyers

At the Law Office of Aramis Hernandez, we recognize that every individual who seeks debt relief services has different needs. Our attorneys can help you find the best bankruptcy options for you, and start you on the path to financial recovery today.

If you feel that you are in need of legal representation for your bankruptcy, contact our Chapter 13 and Chapter 7 bankruptcy lawyers for experienced and confident legal advice. We will work hand in hand with you to choose only the options that will work best for you. After an initial consultation we can begin working to protect your best interests.

What is Chapter 7 Debt Relief?

Chapter 7 is also commonly known as a “fresh start” bankruptcy because it allows an individual facing serious financial crisis to do just that – to make a fresh start.

If filing for bankruptcy is an opportunity for a debtor to emerge from a financial crisis and start afresh, then Chapter 7 of the Bankruptcy Code is the way to achieve this end even faster. Under Chapter 7 of the Bankruptcy Code, all non-exempt property of the debtor is sold, and the proceeds of the same are distributed to the creditors. In most cases where Chapter 7 is brought into play, the debtor has no assets to lose, and therefore the fresh start can begin relatively quickly.

Filing for bankruptcy under Chapter 7 can stop creditors from harassing the filer with calls, lawsuits, wage garnishing, or threats of taking away a person’s home or automobile. As soon as a petition is filed, bankruptcy laws invoke an “automatic stay,” effectively halting creditor activity.

In order to qualify for a Chapter 7 bankruptcy, an individual must have little or no disposable income. In other words, if the amount you earn is approximately the same as your expenses for housing, car payments, food, utilities, insurance and other expenses, you may meet the necessary requirements for Chapter 7.

This bankruptcy option allows a trustee to liquidate or sell any property that isn’t protected under state and federal law, and distribute the proceeds to satisfy part of the client’s debt. Often, Chapter 7 bankruptcy will also allow a debtor to discharge most debts, freeing the individual from having to repay them.

Some debts are not dischargeable though, including current (less than three-year-old) tax debt, child or spousal support, and guaranteed student loans.