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Chapter 7 Bankruptcy

Chapter 7 is the most well-known form of bankruptcy

With a Chapter 7, you will get a discharge of all your debts except student loans, child/spousal support, and most taxes. Once the debts have been discharged, you will no longer have to pay them. In a Chapter 7 bankruptcy, you can get rid of credit card debt, medical debt, and debts from vehicle repossessions and foreclosures. In a Chapter 7, the trustee liquidates assets that are not protected by the law, but most people who qualify for a Chapter 7 find that all of their assets are protected. We can help you determine what assets you will be able to keep, as well as giving you an idea of the process for your specific situation.

My attorney and I have decided that a Chapter 7 bankruptcy is the best choice for me – What next?

Click on each accordion tab to read more about the topic.

Getting your information to us
At Andrea Henning Law LLC, we want to make filing for bankruptcy as easy and stress free as possible for you. Unfortunately, filing for bankruptcy involves a lot of paperwork and information gathering which can be a real pain. To make this process easier, we utilize MyChapter Debtor Portal. The MyChapter Debtor Portal will cut down on trips to the office and allow you to work on your case when you want.

If computers stress you out and you would rather come to the office to share your documents and info, you can also do that.

Take credit counseling class
This class is a requirement to file both Chapter 7 and Chapter 13 bankruptcies. Clients typically take this class online but can also complete it on the phone.

When you take the class, you will be asked to make a budget and list your assets and debts. You will get some information about ways to deal with your debt, including bankruptcy. You will also do a short phone consultation with a counselor to discuss ways to balance your budget. This class takes about an hour. None of the information disclosed during the class is shared with the court or creditors. After you finish the class, you will get a certificate which you need to provide our office in order to file.

You will get detailed instructions on how to complete the class at your intake appointment. The cost of the class is included in your fees.

Petition Signing Appointment
You will come to our office to review your bankruptcy petition, sign, and file it. You should plan on being here for two hours.
Under Protection of the Bankruptcy Code
When people talk about “being under bankruptcy protection,” they are referring to the automatic stay mandated by 11 U.S.C. 36. As soon as you file bankruptcy, the automatic stay goes into effect. This is an injunction that automatically stops lawsuits, foreclosures, garnishments and all collection activities against a debt, including PHONE CALLS!
Complete Financial Management Course
The Financial Management Class, sometimes called Debtor Education, is a second class that is required to get your discharge. This class must be done after your case is filed but before you get your discharge. This class teaches you strategies that will help you stay financially healthy after your bankruptcy. Most people do the class online but it can also be done over the phone. You will get detailed information on how to take this class after your case is filed. The class cost is included in your bankruptcy fee.
341 Meeting of Creditors
Approximately four to six weeks after you file for bankruptcy, you will have to attend a 341 Meeting of Creditors. This meeting is called a “Meeting of Creditors” but typically only involves you, your attorney, and the bankruptcy trustee.

At the meeting, you will be asked questions about you, your income, assets, kids, ect. We will prepare for the meeting together and go over questions that are typically asked. See the list.

Depending on where you live, your meeting will take place in Toledo, Lima or Columbus.

Discharge
A bankruptcy discharge is a court order which releases a debtor for personal liability for certain specified types of debts. This means that the Debtor is no longer legally required pay any debts that have been discharged. The creditor is prohibited from trying to collect discharged debts forever- this means no calls, letters, lawsuits, etc.
Case Closed.