Naples Chapter 7 Bankruptcy Lawyer

Personalized Support Through the Liquidation Bankruptcy Process

Individuals and businesses facing financial turbulence may have several options to obtain debt relief under the U.S. Bankruptcy Code. This includes Chapter 7 bankruptcy, which involves liquidating non-exempt property to pay creditors.

For folks and families who are eligible to file under Chapter 7, the process can provide substantial relief – both in the form of legal protections while proceedings are pending and through a discharge of debts at the conclusion of a case – without having to create a repayment plan.

If you’re exploring options for debt relief and have questions about filing for Chapter 7 bankruptcy in Naples, Fl, The Dellutri Law Group, PA can help. We’ve been fighting for consumers across Southwest Florida since 1998 and can evaluate your situation and options during a consultation.

Get started on your debt relief journey today. Call (800) 391-4337 or contact us onlineto request a consultation.

How Chapter 7 Bankruptcy Works

Chapter 7 bankruptcy, often referred to as "liquidation bankruptcy," is designed to provide individuals with a financial fresh start by eliminating most of their unsecured debts. Here’s how the process works:

1. Filing the Petition: The process begins with filing a petition with the bankruptcy court. This petition includes detailed information about your debts, assets, income, and expenses.
2. Automatic Stay: Once you file, an automatic stay goes into effect. This means creditors must stop all collection actions, including phone calls, letters, and lawsuits.
3. Trustee Appointment: A bankruptcy trustee is appointed to oversee your case. The trustee’s role is to review your paperwork, liquidate any non-exempt assets, and distribute the proceeds to your creditors.
4. Meeting of Creditors: You’ll be required to attend a meeting of creditors, also known as a 341 meeting. Here, the trustee and your creditors can ask you questions about your financial situation and the information provided in your petition.
5. Discharge of Debts: If there are no objections from creditors or the trustee, you will receive a discharge of your qualifying debts. This usually occurs about four to six months after filing.

Who Can File for Chapter 7 Bankruptcy?

Not everyone qualifies for Chapter 7 bankruptcy. To determine eligibility, you must pass the means test, which assesses your income and expenses to see if you can repay some of your debts through a Chapter 13 repayment plan instead.

• Income Requirements: If your income is below the median income for a household of your size in Florida, you may qualify. If it’s above the median, you’ll need to complete the means test calculation to determine eligibility.
• Previous Bankruptcies: You cannot file for Chapter 7 if you received a discharge in a previous Chapter 7 case filed within the last eight years.
• Credit Counseling: You must complete a credit counseling course from an approved provider within 180 days before filing.

Do I Need an Attorney to File Chapter 7 Bankruptcy in Naples, Fl?

While you can file for Chapter 7 bankruptcy on your own, having an experienced bankruptcy attorney is crucial – both in terms of how they can help you navigate the process and how they can position you for the best possible outcome.

At The Dellutri Law Group, PA, we make every effort to aid our clients on their path to better financial health by offering:

• Step-by-Step Guidance: Our attorneys will guide you through every step of the process, ensuring all paperwork is completed accurately and on time.
• Legal Representation: We represent you at the 341 meeting and any other necessary court hearings, providing you with peace of mind.
• Asset Protection: We help identify which of your assets are exempt and work to protect as much of your property as possible.
• Debt Relief: Our team is dedicated to helping you achieve maximum debt relief, giving you a fresh start financially.

Chapter 7 Bankruptcy FAQ

What Debts Can be Discharged in Chapter 7 Bankruptcy?

Most unsecured debts, such as credit card debt, medical bills, and personal loans, can be discharged. However, certain debts, like student loans, child support, and tax debts, are generally not dischargeable.

Will I Lose All My Property if I File for Chapter 7?

Not necessarily. Florida has generous exemptions that allow you to keep certain property, such as your home, vehicle, and personal belongings, up to specified limits.

How Long Does the Chapter 7 Process Take?

The Chapter 7 bankruptcy process is relatively swift compared to other forms of bankruptcy. Typically, the entire process takes about four to six months from the initial filing to the final discharge of your debts. Here’s a breakdown of what you can expect during this time:

1. Preparation and Filing (1-2 weeks): Initially, you’ll gather all necessary financial documents and complete a mandatory credit counseling course. Once this is done, your attorney will help you prepare and file your bankruptcy petition with the court.
2. Automatic Stay and Trustee Appointment (Immediate): As soon as your petition is filed, an automatic stay goes into effect, stopping all collection actions against you. The court will appoint a bankruptcy trustee to oversee your case.
3. Meeting of Creditors (30-45 days post-filing): About 30 to 45 days after filing, you’ll attend the 341 meeting of creditors. This is a relatively informal meeting where trustee and any creditors who choose to attend can ask you questions about your finances and forms.
4. Trustee's Review (2-3 months): The trustee will review your case, verify your financial information, and determine if there are any non-exempt assets that can be liquidated to pay creditors. If everything is in order, the trustee will file a report indicating that there are no assets to distribute, which is common in most Chapter 7 cases.
5. Financial Management Course (Within 60 days of the 341 Meeting): You’ll need to complete a debtor education course and file the completion certificate with the court. This is a requirement to receive your discharge.
6. Discharge (3-4 months post-filing): If there are no objections or issues, you will receive a discharge of qualifying debts about 60 days after the 341 meeting. This discharge releases you from liability for most of your debts and marks the completion of your case.

How Will Chapter 7 Affect My Credit Score?

While filing for bankruptcy will negatively impact your credit score, it also provides an opportunity to rebuild your credit over time. Many individuals find that their credit score improves within a year or two after receiving a discharge.

Can I File for Chapter 7 if I Am Unemployed?

Yes, being unemployed can actually help you qualify for Chapter 7, as your income may be below the median level, making it easier to pass the means test.

Call to Request a Consultation: (800) 391-4337

Bankruptcy can be a difficult decision and a daunting process, but it’s a powerful tool meant to help struggling consumers break free from problems with debt.

At The Dellutri Law Group, PA, we’re passionate about helping clients make the most of the bankruptcy process by providing thorough, personalized support. From initial evaluations where we discuss your situation and goals to navigating every facet of legal proceedings, we have the experience and insight to get you through this process in one piece.

If you have questions, our Naples Chapter 7 bankruptcy attorneys are here to help. Give us a call at (800) 391-4337 or contact us onlineto schedule a consultation.