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
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The US Trustee is a participant in a chapter 7 Hon. John C. Ninfo chief US Bankruptcy Court Judge US Bankruptcy Court
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filing a chpater 7

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Chapter 7 Trustee

 

 

 

Chapter 7 Trustee: Immediately after the order for relief, the United States trustee appoints a disinterested member of the panel of private trustees to serve as the interim trustee in a Chapter 7 case. Bankruptcy Code 701(a)(l). Then, either a trustee is elected at the section 341 meeting of creditors or the interim trustee automatically becomes the permanent trustee in the case. Bankruptcy Code 702.

 

a. Duties of trustee: In a Chapter 7 case, the trustee's primary responsibilities are to locate and collect property of the estate; to convert the property to cash; to make distributions to claimants in the order established by the Bankruptcy Code; and to close the estate expeditiously. Bankruptcy Code 704(1).

 

2.Additional administrative duties of the Chapter 7 trustee are described in Bankruptcy Code section 704

 

3. Authority to Operate Debtor's Business: Occasionally, the trustee may receive authorization from the court to operate the bankruptcy debtor's business temporarily, under circumstances where continuing the business for a while is in the best interest of the estate and will assist in its orderly liquidation. Such a situation may arise where an attempt  is being made to sell the debtor's business as a going concern or where completing the manufacture of unfinished commodities is likely to result in a substantially greater liquidation price. Bankruptcy Code 721; 4 Collier 1(721.02)

 

4. Meeting of Creditors: Within twenty to forty days after the order for relief, the United States trustee convenes and presides at the section 341 meeting, where creditors often participate in many of the following matters Bankruptcy Code 341(a).

 

 a. Examination of the debtor, under oath, by creditors, the trustee or an examiner in the case, or the United States trustee Bankruptcy Code 343;

 

b. The election of a trustee, when requested by a sufficient number of unsecured creditors Bankruptcy Code 702.

 

c. Election of a creditors' committee, when desired, consisting of between three and eleven unsecured creditors, to act in an advisory role in consultation with the trustee. Discussion about the trustee's abandonment of properly that is burdensome or of inconsequential value to the estate Bankruptcy Code 554. Discussion about an individual debtor's redemption of tangible personal property intended primarily for consumer use Bankruptcy Code 722 and, Discussion about the debtor's reaffirmation of particular debts Bankruptcy Code 524(c)

 

Objection and denial of discharge

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

 

 

 

 

 

 

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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