All Laws Decoded

What Is Chapter 7 Bankruptcy?

Chapter 7 is the "liquidation" chapter of the Bankruptcy Code. A case trustee takes charge of the debtor's property, sells what is not exempt, and pays creditors in the order the law sets; most individual cases have nothing to sell. Debtors who want to keep property that secures a debt, such as a car, may reaffirm the debt or redeem the property. Most individual debtors receive a discharge, but some debts survive it, creditors and the trustee can object to the discharge, and a debtor can generally convert the case to another chapter once.

What the law says

FAQ

How long does a Chapter 7 case usually take?
U.S. Courts says the discharge typically comes about four months after the petition is filed, once the deadlines for objecting to the discharge and for moving to dismiss for abuse have passed.
How often is a Chapter 7 discharge denied?
U.S. Courts says that, excluding cases that are dismissed or converted, individual debtors receive a discharge in more than 99 percent of Chapter 7 cases. The grounds for denial are narrow and are construed against the party seeking denial.
Can I switch from Chapter 7 to Chapter 13?
A debtor may convert a Chapter 7 case to Chapter 11, 12, or 13 at any time if the case was not already converted to Chapter 7 from another chapter and the debtor is eligible under the new chapter. A waiver of this right is unenforceable, and the court may not convert a case to Chapter 12 or 13 unless the debtor requests or consents.
Is there a fee to convert from Chapter 7 to Chapter 13?
U.S. Courts says there is no fee for converting from Chapter 7 to Chapter 13. Converting from Chapter 7 to Chapter 11 at the debtor's request costs the difference between the two filing fees.
Can I repay a debt even if I don't reaffirm it?
Yes. A debtor may voluntarily repay any debt, whether or not a reaffirmation agreement exists, even though a discharged debt can no longer be legally enforced.
Can a Chapter 7 discharge be taken away later?
The court may revoke a Chapter 7 discharge at the request of the trustee, a creditor, or the U.S. trustee if, for example, it was obtained by fraud, the debtor failed to report or turn over estate property, or the debtor failed to explain misstatements or provide documents in an audit. U.S. Courts says a request typically must be filed within one year of the discharge or, in some cases, before the case is closed.
Can creditors force someone into Chapter 7?
U.S. Courts says an involuntary Chapter 7 case may be started under certain circumstances by a petition filed by creditors holding claims against the debtor (11 U.S.C. § 303).

Related

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.