Chapter 7 Bankruptcy, also called “straight bankruptcy,” generally discharges all debts incurred prior to the debtor’s filing, and is intended to provide an individual debtor with the relief necessary to make a fresh start. However, not all debts are dischargeable under Chapter 7. Among the exceptions to discharge are certain last-minute consumer debts owed by an individual debtor for…
The bankruptcy court controls the processing of bankruptcy cases. In many instances, the court must issue orders to force a debtor or creditor to cooperate. For example, the court may order a debtor to disclose certain assets, or may order a creditor to stop any attempts to collect a debt while the debtor’s bankruptcy case is pending. However, some…
A United States bankruptcy judge has the ultimate discretion whether to grant requests for bankruptcy relief. In addition, the judge can issue any necessary orders to ensure compliance with the bankruptcy laws, and to ensure efficient administration of bankruptcy cases. Depending on what type of bankruptcy is involved, the debtor seeking relief may never be required to appear in…
