benefits of chapter 7

Benefits Of Chapter 7 — Bankruptcy Can Change Your Life

Filing Chapter 7 bankruptcy can change your life. We have seen over and over the benefits of Chapter 7, and how much relief it provides for clients. While we understand the desire to pay back creditors, we encourage clients to put their emotional and financial life ahead of creditors. This includes making smart choices for yourself and your family. The benefits of Chapter 7 can be part of that overall plan. We’ve written articles about Whether You Qualify For Chapter 7, which you can read as well.

Get Rid Of Credit Card Debt

Filing a Chapter 7 bankruptcy eliminates credit card debt, provided the debt is more than 90 days old. Credit card lenders have no defense against the benefits of Chapter 7 bankruptcy, so long as you abide by the rules of bankruptcy. Primarily this means disclosing all pertinent information to your bankruptcy attorney before filing, and being honest with the court.

Eliminate Medical Bills

If your medical bills are more than 90 days old at the time of filing your Chapter 7 bankruptcy, they will be discharged by the bankruptcy filing. Whether you can continue to treat with a doctor or medical facility after you’ve filed Chapter 7 depends on the provider. Emergency rooms and hospitals can’t refuse you treatment, whether you have unpaid bills or even if you’ve filed bankruptcy. As to smaller doctor offices, they can choose to no longer treat you for routine healthcare visits. The easiest way to protect a relationship with a doctor you like is to file bankruptcy, and then reach out to the doctor to tell them you have filed Chapter 7 but you will continue to pay on their bill. This will keep your relationship intact.

Clean Up Repossession Debt

If you have remainder debt from a repossession, a bankruptcy will remove your personal liability from that debt. In a vehicle possession, the lender will typically repossess the car and sell it. If you owe more than they recover at the sale, you are responsible for the remainder. By filing a Chapter 7 bankruptcy, you eliminate your liability on the remainder debt.

Eliminate Upside Down Debt

When you file Chapter 7, you have a choice as to whether to keep your property (and the debt that goes with it), or surrender your property (and the debt that goes with it). For example, if you own a vehicle worth $2,500.00 that has a loan balance of $7,000.00, you essentially own a car worth negative $4,500.00. If you went to trade in that vehicle on another vehicle, you would be carrying that extra debt with you into the new purchase. By filing Chapter 7, you can choose to surrender the vehicle to the lender, with all of the extra debt. It’s easier to get into a new vehicle than you might think—we help clients with this situation every day in our office, and it makes all the difference for them.

The same is true of home ownership. If you own a home with negative equity, you can choose to surrender that home and the debt, in Chapter 7 bankruptcy. This prevents the lender from forcing a foreclosure where you may be responsible for any mortgage payoff shortage after the foreclosure.

Discharge Old Tax Debt

While the general rule is that taxes survive Chapter 7 bankruptcy, there are plenty of exceptions. If your tax debt is more than 3 years old, and you filed the tax returns a significant time prior to filing your Chapter 7 bankruptcy, there is a good chance you can eliminate the tax debt with your Chapter 7 bankruptcy. The rules surrounding this are somewhat complicated and deserve a consultation with a bankruptcy attorney in order to accurately determine if your tax debt will qualify for discharge in your Chapter 7 bankruptcy. You can also consider a Chapter 13 bankruptcy to manage tax debt which is less than 3 years old.

Eliminate Judgments

The benefits of Chapter 7 can also include eliminating judgments you may have against you. In conjunction with your Chapter 7 filing, your attorney can file a motion which will address these judgments, provided you either do not own real estate, or you qualify under the equity rules regarding real estate in Chapter 7.

Speak With A Chapter 7 Attorney Today

Consultations are free, and it feels good to take steps to protect yourself and your family. We can be reached at 704.749.7747 or you can request a FREE CASE EVALUATION and we will reach out to you shortly. We know you have choices. We hope you choose to Recover With Us.