Chapter 7 bankruptcy liquidation

Law Office of 
Charles E. Andersen

Chapter 7 is also know as straight bankruptcy if you don't want to repay any debt, chapter 7 is an option to consider
Chapter 7 is also called a fresh start bankrutpcy
The US Trustee is a participant in a chapter 7 Hon. John C. Ninfo chief US Bankruptcy Court Judge US Bankruptcy Court
Law firm

of Charles E. Andersen

 

 

 

   

Conversion or Dismissal:

 

     In appropriate circumstances, a Chapter 11 case may be dismissed or may be converted to another chapter of the Bankruptcy Code under
which the debtor is eligible. The rules vary depending on:

 

(i) whether the conversion or dismissal is voluntary or involuntary;

 

(ii) the chapter to which the case is being converted;

 

(iii) the kind of debtor that the case concerns; and (iv) the particular circumstances giving rise to the conversion or the dismissal. [B.C. 1112]
 

a. Voluntary conversion to Chapter 7: The debtor may convert the case to Chapter 7 provided that:

 

(i) a trustee has not been appointed under Chapter 11,.

 

(ii) the case was not originally commenced by the filing of an involuntary Chapter 11 petition, and

 

(iii) the case was not involuntarily converted to Chapter 11 (i.e., on the request of an entity other than the debtor). No notice or hearing is required. [B.C. 1112(a); 5 Collier 111 12.03(1)]


b. Discretionary conversion to Chapter 7 or dismissal: Upon a request by the United States trustee or a party in interest (including the debtor), the court for cause may dismiss the case or convert it to Chapter 7, whichever is better for creditors and the estate. Notice and a hearing are required. [B.C. 1112(b)]


(1) Sua sponte dismissal: When cause exists, the court, on its own motion, may convert the case to Chapter 7 or dismiss it. However, the court should exercise its sua sponte powers to dismiss or convert sparingly. [B.C. 105(a); In re Daily Corp]


(2) "Cause": A Chapter 11 case may be dismissed or converted to Chapter 7 for any of the following reasons or for other sufficient cause


(a) Lack of good faith in filing the Chapter 11 petition


(b) Continuing loss to the estate and no reasonable probability of rehabilitation


(c) Inability to effectuate a Chapter 11 plan


(d) Unreasonable and prejudicial delay by the debtor


(e) Failure to file a Chapter 11 plan on or before a deadline set by the
court

 

Click here for Chapter 11 examiner.

 

obtaining a chpater 7 discharge the bar date has passed arriving at the office
I hope he's in

 

 

sitting down to sign

 

 

 

 

 

 

Chapter 7&13

If you qualify

 

STOP:

  • Creditor Harassment
  • Stop utility shutoffs
  • eliminate payments on unsecured debts.
  • Improve bad credit
  • Surrender car, and other secured collateral without incurring a "deficiency"

**For Chapter 13 cases with wage order and balance paid through a trustee as part of a partial re-payment plan and not paid directly to the attorney. Court filing fee is extra.

  • Emergency Petitions filed
  • Ask to see a statement of clients rights and responsibilities

 

Free Consultation

Reasonable rates

 

 

 

 

 

 

 

attorneys pen
 

 

 
Signing the court papers shaking hands leaving attorneys office
   

200 William St. STE 204A
Elmira, NY 14901
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receipt of filing automatic stay order for relief section 341 Notice
meeting fo the creditors court discharge order debt wipe out