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Chapter 7, sometimes known as “discharge” or “fresh start” bankruptcy, is a process of eliminating many kinds of debt through a procedure called liquidation. The central figure in the Chapter 7 process is someone called a trustee. The trustee is a neutral party appointed by the bankruptcy court to oversee and administer the case, and to ensure that the process is fair and all procedures followed. The trustee coordinates a meeting of the creditors (also known as a “341” meeting, named after the section of the Bankruptcy Code where it is found). This meeting is typically the only time a Chapter 7 debtor will go to court. At this meeting, a debtor’s attorney will present financial and debt information, and make a case for why certain debts must be discharged. The trustee has discretion in approving or rejecting a proposed Chapter 7 plan. Some of the debtor’s property may be liquidated to satisfy the claims of certain creditors. However, federal and Illinois law lists certain categories of property which are “exempt;” that is, protected from liquidation in bankruptcy. The listed exemptions include provisions for a debtor’s home, car, personal property, and certain kinds of rights to payment. Additionally, a debtor may elect to “reaffirm” certain kinds of debts. A reaffirmation is a promise by the debtor to remain liable on certain debts and to repay all or a portion of the money owed. Reaffirmation may enable a debtor to keep her car or home after the bankruptcy discharge. Another important provision of Chapter 7 is the so-called “automatic stay” rule. The automatic stay is a potent rule which demands that most kinds of collection activity (including lawsuits) concerning a debtor cease immediately upon the filing of a bankruptcy petition. Federal law provides for harsh penalties for creditors and collectors violating this rule. After the bankruptcy petition is filed, the court will generally issue a discharge of debts 60 to 90 days after the “341” meeting. After discharge, a creditor may no longer pursue his claims against the debtor for the discharged debt, or file or pursue any legal action concerning it. Chapter 7 is often best for individuals, with mostly unsecured debt, who do not have many business or personal assets to liquidate, and who have an unlikely chance of ever being able to fully repay their debts. Student loans, alimony, debts for criminal restitution, and certain taxes are examples of debts not dischargeable in Chapter 7 bankruptcy.

 

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