A discharge will be denied in a later chapter 7 case if the debtor has been granted a discharge under chapter 7 or chapter 11 in a case filed within six years before the second petition is filed.

The debtor has falsified his schedules or otherwise perjured himself in connection with the bankruptcy case. The debtor transferred away assets with the intent to delay or hinder a creditor or bankruptcy trustee.

The debtor should immediately notify the bankruptcy court in writing of the new address. Because most communications between a debtor and the bankruptcy court are by mail, it is important that the bankruptcy court always have the debtor's current address. Otherwise, the debtor may fail to receive important notices and the chapter 7 case may be dismissed. Many courts have change-of-address forms for debtors to use when they move, and the debtor should obtain one if a move is planned.

The first court appearance is for a hearing called the "meeting of creditor." This hearing usually takes place about a month after the case is filed. At this hearing the debtor is put under oath and questioned about his or her debts and assets by the hearing officer or trustee. In most chapter 7 consumer cases no creditors appear in court; but any creditor that does appear is usually allowed to question the debtor.

A debtor may retain and redeem certain secured personal and household property, such as household furniture, appliances and goods, wearing apparel, and tools of trade, without payment to the secured creditor, if the property is exempt and if the mortgage or lien against the property was not incurred for the purpose of financing the purchase of the property.

The debtor's attorney performs the following functions in the chapter 7 case of a typical consumer debtor.. Analyze the amount and nature of the debts owed by the debtor and determine the best remedy for the debtor's financial problems.

The debtor has the right to either dismiss a chapter 13 case or convert it to chapter 7 at any time for any reason. However, if the debtor simply stops making the required chapter 13 payments, the court may compel the debtor or the filed employer to make the payments and to comply with the orders of the court. Therefore, the debtor who wishes to discontinue a chapter 13 case should do so through his or her attorney.

Each case is different. First, there must have been a Notice of Possible Dividends issued in the case to which you timely filed a proof of claim. Several months after the deadline to file claims has passed you may contact the Chapter 7 trustee and ask when the trustee anticipates making payments to creditors. Remember that in more complex cases or cases involving litigation, there may be many months of delay before payments may be made to creditors.

It is a court order releasing a debtor from all of his or her dischargeable debts and ordering the creditors not to attempt to collect them from the debtor. A debt that is discharged is one that the debtor is released from and does not have to pay. Some debts, however, are not dischargeable under chapter 7, and some persons are not eligible for a chapter 7 discharge.

The debtor falsified his or her schedules or otherwise committed perjury in connection with the bankruptcy case. A debtor whose debts are primarily consumer in nature and whose family income exceeds the median is required to complete a “means test” form.

wishes to repay all or most of his or her unsecured debts and has the income with which to do so within a reasonable time, has valuable nonexempt property or has valuable exempt property securing debts, either of which would be lost in a chapter 7 case, has one or more substantial debts that are dischargeable under chapter 13 but not under chapter 7, or has sufficient assets with which to repay most debts, but needs temporary relief from creditors in order to do so.

Under certain circumstances a debtor may be able to modify a secured debt such as a vehicle or mobile home. The debtor may have the need for bankruptcy relief for future bills and wants to hold open the possibility for conversion or refilling [e.g. anticipated medical bills].

PACER (Public Access To Court Electronic Records) A web-based format that allows anyone with internet access and a PACER login from the court to access official court records via the internet at https://ecf.wiwb.uscourts.gov

The basic difference between chapter 7 and chapter 13 is that under chapter 7 the debtor's nonexempt property (if any exists) is liquidated to pay as much as possible of the debtor's debts, while in most chapter 13 cases a portion of the debtor's future income is used to pay as much of the debtor's debts as is feasible considering the debtor's circumstances.

In the office of the clerk of the bankruptcy court in the district where the debtor has resided or maintained a principal place of business for the greatest portion of the last 180 days. The bankruptcy court is a federal court and is a unit of the United States district court. Yes. A husband and wife may file a joint petition under chapter 7. if a joint petition is filed, only one set of bankruptcy forms is needed and only one filing fee is charged.

Bankruptcy is a procedure brought in federal court. About 6 months after your case is filed, the bankruptcy court in the area where you reside will issue an Order declaring all your unsecured debts discharged. That means your unsecured creditors which you had before you filed bankruptcy will then forever be barred from contacting you ever again to collect on a debt.

A person who has been granted a discharge in a chapter 13 case filed within the last six years, unless 70 percent or more of the unsecured claims were paid off in the chapter 13 case. A person who conceals, transfers, or destroys his or her property with the intent to defraud his or her creditors or the trustee in the chapter 7 case. A person who conceals, destroys, or falsifies records of his or her financial condition or business transactions.

Common reasons would include that the debt was incurred through fraud, willful and malicious injury or defalcation of fiduciary duty. The complaint objecting to dischargeability must be filed within 60 days of the date originally set for the 341 hearing.

There is no single answer to this question. Each case is unique and the length of time before you receive a dividend depends on the circumstances of the individual case. After the deadline for filing claims has expired, you should contact the case trustee and inquire as to the time frame for distribution of claim payments to creditors.