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Filing For Chapter 7 Bankruptcy?

When you file for a Chapter 7 bankruptcy, you may erase your debts and move on to a better future.  However, the Code provides timing restraints in regards to prior discharges and dismissals, production of documents, and completion of an approved personal financial management course. A highly qualified consumer bankruptcy attorney can offer clients direction as to fulfilling the requisite elements to filing for Chapter 7.

Requirements of filing Chapter 7

Under 11 U.S.C. §727, you may not acquire a Chapter 7 discharge if you have had debts discharged in a Chapter 13 bankruptcy filed within the last six years, or a Chapter 7 bankruptcy filed within the last eight years. In addition, you are barred from filing Chapter 7 bankruptcy if your prior bankruptcy case was dismissed for any of the reasons listed below:

  • A court ruled that your filing was an abuse of the bankruptcy system, or was fraudulent.
  • After a creditor asked the court to lift the automatic stay, the petitioner requested a dismissal.
  • The petitioner violated a court order.

Furthermore, to file a Chapter 7 case, you must provide the most recent tax return filed. In addition, you are required to take a personal financial management course approved by the Office of the U.S. Trustee.  Two hours of required curriculum must be offered by the personal financial management agencies. Prior to receiving Chapter 7 discharge, you are required to file Form 23 with the bankruptcy court and a certificate of completion from the counseling agency. A well-practiced New York bankruptcy lawyer assists clients in fulfilling the requirements to file Chapter 7 successfully.

Consult a skilled New York bankruptcy lawyer

By seeking assistance from Mark E. Cohen, Esq., clients acquire information from a highly skilled attorney who is determined to provide superior representation. The office represents clients in Queens and the surrounding areas. 

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