When you file for Chapter 7 bankruptcy, you are immediately granted an automatic stay that protects you from wage garnishments, debt collectors, and attempts to collect while the court processes your case for discharge. When compared to other bankruptcy procedures, this one is rather quick, typically taking just four to six months to complete. Generally, you don’t need to have a certain amount of debt to file, and the filing costs are minimal when you consider your other alternatives. In this article, we will discuss the process of filing under los angeles chapter 7 bankruptcy attorney.
You are effectively ceding control of your assets and obligations to the bankruptcy court while your case is still pending. The assets and obligations that make up your “estate” are administered by bankruptcy trustees appointed by the court, who act as if they are you. The trustee may decide to sell off your assets to pay off your creditors if it is found that you have assets that can be safeguarded. In certain cases, this might include either letting you keep your assets and paying the Trustee the worth of the unprotected item or selling your property to satisfy the creditors.
You thus cannot dispose of, sell, or otherwise transfer any property that was in your possession when you filed for bankruptcy while your Chapter 7 bankruptcy is underway. However, you are free to do with your post-filing income and any post-filing property you acquire that you choose. Hiring a skilled and experienced lawyer who can alert you to any red flags in your case before you file is essential to protecting as many assets as possible and avoiding needless complications.
A Los Angeles Chapter 7 bankruptcy lawyer can counsel you on the problems you can encounter and what to think about to avoid needless liquidation and, in the end, ensure a smooth filing. The bankruptcy trustee assigned to your case presides over a Creditors Meeting held by the court about a month after you file for Chapter 7 bankruptcy. The trustee will examine your driver’s license and social security card at this meeting, and question you under oath on the information you submitted on your paperwork.
