Chapter 7 Bankruptcy Attorney
Chapter 7 Bankruptcy
WHAT IS CHAPTER 7 BANKRUPTCY?
Most unsecured debts, like credit cards, collections, lawsuit judgments, medical bills, vehicle loan deficiencies, old taxes, registration loans, and other unsecured debts are eliminated (discharged) in a Chapter 7 bankruptcy, which is commonly known as a “fresh start” bankruptcy.
A Chapter 7 bankruptcy filing in Arizona takes approximately 3.5 months to reach discharge. Our experienced Arizona bankruptcy lawyer can ensure that all procedures are followed correctly and that you obtain a discharge as soon as possible so you may get on with your life.
How much does it cost to file Chapter 7 bankruptcy?
The court filing cost to file for Chapter 7 Bankruptcy in Arizona is $338 dollars. The attorney charge depends on your specific case.
Who can file for Chapter 7 Bankruptcy
An individual, partnership, or corporation that resides or has domicile, a place of business, or property in the United States can be a debtor under the Bankruptcy code.
Typically, individuals file most Chapter 7 bankruptcy cases, and corporations may elect to do so for certain reasons. An individual may file a Chapter 7 bankruptcy case once every 8 years, measured from the date of filing of a prior Chapter 7 case to the new case filing date.
An individual may file a Chapter 7 case 6 years after the filing date of a previous Chapter 13 case.
What debts can be eliminated in Chapter 7 bankruptcy?
Chapter 7 bankruptcy will eliminate most of your debts, including:
Credit Card Debt
All Credit Card Debt
All Medical Bills
Personal Loans (in most cases)
All Utility Bill Collections
All Payday and Registration Loans
Lawsuit & Judgments
Most Civil Judgments
Most Taxes Over 3 Years Old
All Collection Accounts
Contract & Lease Debts
Most Contract and Lease Debts
Vehicle Loan Deficiencies
All Loan Deficiencies
Other Unsecured Debts
What assets can I keep in Chapter 7 bankruptcy?
When filing for Chapter 7 bankruptcy in Tucson, AZ – you are allowed to keep certain “exempt” assets. These exempt assets may include:
Up to a certain net equity value
Up to a certain net equity value
All Furniture or Furnishings
All Personal Belongings
Tools of Your Trade
(if you are a tradesperson)
All of your retirement accounts
What is the process for filing for Chapter 7 bankruptcy in Arizona?
Our office will analyze your potential Chapter 7 option at the initial consultation. Should you decide to file a case, we have the process down to an art to keep your stress minimal.
Bankruptcy lawyer Ross Meiners will let you know a specific list of the necessary documents, conduct due diligence by downloading a three source credit report, search court records, and research other applicable databases for your particular case.
In the meantime, our office will direct you where to take the short online credit counseling course that is required before filing. That course is basically a series of webpages you click through and takes about an hour.
Once your petition is prepared, you will review and sign it at a signing appointment, and your case will be filed.
After filing, there is one hearing with the Chapter 7 case administrator, called a Chapter 7 trustee. The trustee hearing currently is being conducted via telephone or Zoom about 6 weeks after your case is filed.
Attorney Meiners will also be present, and he will let you know ahead of time what to expect and what questions you will be asked.
Oftentimes this is a quick hearing lasting under 5 minutes. At this point you can finish up your second and final online debtor education course.
About 65 days after that trustee meeting, your discharge will be entered. For no-asset administration cases, the case closes soon thereafter.
The importance of of hiring a bankruptcy attorney
If you are considering filing for bankruptcy in Arizona, it is important to consult with our experienced bankruptcy attorney Ross Meiners.
An attorney can help you determine if you are eligible to file for Chapter 7 bankruptcy and can guide you through the process. Our attorney knows how to protect your assets and ensure that you receive a discharge of your debts.
You will need to attend a 341 meeting of Creditors in Tucson, Arizona
A 341 Meeting is a meeting of creditors required by section 341 of the Bankruptcy Code.
The meeting is conducted by the trustee assigned to your bankruptcy case and is held about six weeks after you file your bankruptcy petition.
The purpose of the meeting is for the trustee to ask you questions about your bankruptcy petition and schedules.
Your creditors also have a right to appear at the meeting and ask questions, but rarely do creditors appear at these hearings.
How long does the 341 Meeting last?
The 341 Meeting usually lasts about 5 minutes.
What if I have more question about filing for chapter 7 in Tucson, Arizona?
If you have any questions, contact our experienced bankruptcy attorney. An attorney can help you determine if you are eligible to file for Chapter 7 bankruptcy and can guide you through the process. An attorney can also help you protect your assets and ensure that you receive a discharge of your debts.
Chapter 7 Frequently Asked Questions
Most (if not all) of your unsecured debts will be forgiven in a Chapter 7 bankruptcy. This includes credit card debt, medical bills, personal loans, and utility bills. However, certain types of debt, such as child support and alimony, cannot be discharged in bankruptcy.
You can protect (exempt) certain assets in a Chapter 7 bankruptcy, including your home, car, and personal belongings. You can also exempt a certain amount of equity in these assets.
Chapter 7 bankruptcy is designed for individuals who cannot afford to repay their debts and need a fresh start. Chapter 13 bankruptcy is for individuals who have a regular income and can afford to repay at least some of their debts. Under Chapter 13, you’ll develop a repayment plan that will last for three to five years. After completing the plan, any remaining dischargeable debts will be forgiven.
There are different types of bankruptcy exemptions in Arizona, including the federal bankruptcy exemption and the state bankruptcy exemption. The federal bankruptcy exemption allows you to exempt (protect) a certain amount of equity in your home, car, and personal belongings. The state bankruptcy exemption allows you to exempt (protect) a certain amount of equity in your home, car, clothing, tools of the trade, and other personal belongings. Some of the current exemption amounts:
Homestead: $400,000.00 in equity
Personal Property: $15,000.00 in household goods, electronics, and furnishings (doubled if married)
Vehicle: $15,000.00 in equity; $25,000.00 if disabled (doubled if married)
Tools of the trade, including marketing tools, websites, etc.: $5,000.00 (doubled if married)
Firearms: $2,000.00 (doubled if married)
Pensions/Retirement Accounts: Fully exempt.
Money in one bank account on day of case filing: $5,000.00 (doubled if married)
Yes, it’s very likely that your designated trustee can or will look into both recent personal and business-related bank accounts held in your name.
The short answer is, no.
First, it would jeopardize your ability to claim bankruptcy and getting a fresh start.
Second, it considered perjury and the penalty for bankruptcy fraud is a fine up to $250,000.00, imprisonment for up to twenty years or both.
Meiners Law Office, PLC
Address: 177 N. Church Avenue, Suite 200 Tucson, AZ 85701
Phone: (520) 777-2198