Frequently Asked Questions (FAQs)

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1. What is a chapter 7 bankruptcy case and how does it work?

2. What is a chapter 7 discharge?

3. How does a person obtain a chapter 7 discharge?

4. Who is permitted to file and maintain a chapter 7 case?

5. What is means testing?

6. How is means testing carried out?

7. How is it decided whether a person is ineligible for chapter 7 under means testing?

8. What is a presumption of abuse and how does it affect the case?

9. Who is eligible for a chapter 7 discharge?

10. What types of debts are not dischargeable in a chapter 7 case?

11. Who should not file a Chapter 7 case?

12. Is there anything that a person must do before a chapter 7 case can be filed?

13. How much is the filing fee in a chapter 7 case and when must it be paid?

14. Where should a chapter 7 case be filed?

15. May a husband and wife file jointly under chapter 7?

16. Under what circumstances should a joint chapter 7 case be filed?

17. When is the best time to file a chapter 7 case?

18. How does the filing of a chapter 7 case by a person affect collection and other legal proceedings that have been filed against that person in other courts?

19. How does filing a chapter 7 case affect a person’s credit rating?

20. Are the names of persons who file chapter 7 cases published?

21. Are employers notified of chapter 7 cases?

22. Does a person lose any legal or civil rights by filing a chapter 7 case?

23. May employers or governmental agencies discriminate against persons who file chapter 7 cases?

24. Will a person lose all of his or her property if he or she files a chapter 7 case?

25. What is exempt property?

26. When must a person appear in court in a chapter 7 case and what happens there?

27. What happens after the meeting of creditors?

28. What is a trustee in a chapter 7 case, and what does he or she do?

29. What are the responsibilities to the trustee of the person filing the case?

30. What happens to property that is turned over to the trustee?

31. What if a person has no nonexempt property for the trustee to collect?

32. How are secured creditors dealt with in a chapter 7 case?

33. How are unsecured creditors dealt with in a chapter 7 case?

34. What encumbered property may a person retain in a chapter 7 case?

35. How may a person minimize the amount of money or property that must be turned over to the trustee in a chapter 7 case?

36. What should a person do if he or she moves before the chapter 7 case is completed?

37. How is a person notified when his or her discharge has been granted?

38. What if a person wishes to repay a dischargeable debt?

39. How long does a chapter 7 case last?

40. What should a person do if a creditor later attempts to collect a debt that was discharged in his or her chapter 7 case?

41. How does a chapter 7 discharge affect the liability of cosigners and other parties who may be liable to a creditor on a discharged debt?

42. What is the role of the attorney for the person filing a chapter 7 case?

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More FAQs:

• Chapter 7 Bankruptcy FAQ
• Chapter 13 Bankruptcy FAQ

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