Chapter 7 Bankruptcy - Detailed Overview
To qualify for a chapter 7 bankruptcy, the debtor must meet the means test. Each state has a scale stating the amount of median income and/or threshold and if a debtor is below that level, they are eligible for a chapter 7 bankruptcy. However, a debtor cannot file under chapter 7 or any other chapter, however, if during the preceding 180 days a prior bankruptcy petition was dismissed due to the debtor's willful failure to appear before the court or comply with orders of the court, or the debtor voluntarily dismissed the previous case after creditors sought relief from the bankruptcy court to recover property upon which they hold liens. 11 U.S.C. §§ 109(g), 362(d) and (e). In addition, no individual may be a debtor under chapter 7 or any chapter of the Bankruptcy Code unless he or she has, within 180 days before filing, received credit counseling from an approved credit counseling agency either in an individual or group briefing. 11 U.S.C. §§ 109, 111.
The debtor has no liability for discharged debts. In a chapter 7 bankruptcy, however, a discharge is only available to individual debtors, not to partnerships or corporations. 11 U.S.C. § 727(a)(1). Although an individual chapter 7 case usually results in a discharge of debts, the right to a discharge is not absolute, and some types of debts are not discharged, such as any debts not listed on your bankruptcy petition, student loans, tax debts due within the last three years, criminal fines, alimony/child support, etc.
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