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  • What Happens to the Debt in Chapter 7 Bankruptcy?

    If your debts feel like they’re stacking higher every day, you might be thinking: what happens to the debt in Chapter 7 bankruptcy? Let’s talk about it in simple terms. No confusing detours. No legal jargon. Just straight talk about how Chapter 7 bankruptcy works and what it does to your debts.

    What is Chapter 7?

    Chapter 7 is a form of bankruptcy under the bankruptcy code. It’s also called “liquidation bankruptcy.” That’s because a Chapter 7 bankruptcy case involves selling some of your non-exempt property to help pay creditors.

    But most people who file for Chapter 7 don’t lose anything. Why? Because the law protects basic assets like household goods, cars, and clothes.

    So what’s the goal? To get a fresh start. That means clearing most of your debt through something called a Chapter 7 discharge.

    If you’re a business owner facing unmanageable debt, Chapter 7 may not be your only route. Explore our business bankruptcy options to find the right path.

    What Happens to the Debt in Chapter 7 Bankruptcy

    What Debts Can Be Erased?

    Here’s where it gets real. Most unsecured debts can be erased when you file Chapter 7 bankruptcy. That includes:

    • Personal loans
    • Old utility bills
    • Credit card balances
    • Medical bills
    • Some judgments

    Once you receive a discharge, you no longer legally need to pay those debts. That’s a big deal because it gives you room to breathe again.

    What Debts Stay?

    Not everything gets clear. Some debts stick around, even after filing for bankruptcy. These include:

    • Recent taxes
    • Alimony and child support
    • Student loans (in most cases)
    • fines from the court
    • Debts from willful and malicious injury
    • Debts tied to personal injury caused by DUI

    So, while Chapter 7 bankruptcy clears a lot, some obligations follow you no matter what.

    Chapter 7 Bankruptcy & Means Test

    What About Secured Debt?

    A secured debt is tied to something physical, like your house or your car. The lender holds the item as collateral. If you want to keep your property, you usually need to keep making payments. 

    If you stop paying, the lender can take it back even if the rest of the debt gets wiped in your Chapter 7 case.

    So you’ll want to decide: Can I afford these mortgage payments? Do I want to keep this car?

    If not, Chapter 7 bankruptcy might help you walk away without owing more on it.

    Some debts, like student loan debt, are not easily wiped out in Chapter 7. Learn more about how we handle student loan debt and your options.

    What Happens When You File Chapter 7?

    Once you file Chapter 7 bankruptcy, the bankruptcy court orders something called an automatic stay. That stops collectors from:

    • Garnishing your wages
    • Calling you
    • Sending letters
    • Suing you

    The bankruptcy court steps in and says, “Hold up. Let’s sort this out.” Then, a bankruptcy trustee is appointed to your case. Their job is to review your paperwork and manage any assets that could be sold. 

    Don’t worry—most Chapter 7 bankruptcy filers don’t lose anything. The law protects things like your basic household goods and your main vehicle.

    What About the Means Test?

    Not everyone can file Chapter 7 bankruptcy. There’s a rule called the means test. It looks at what your income is and compares it to the average in your state. If you make it below the limit, you’re good.

    If your income is higher, you may have to go with Chapter 13 bankruptcy instead. That means setting up a plan for repayment. The means test is one of the first things your bankruptcy attorney will check.

    Will I Have to Go to Court?

    Yes, you have to—but it’s not like what you see on TV. You’ll go to a short meeting called a 341 meeting. It’s run by the bankruptcy trustee, not a bankruptcy judge. They’ll ask you a few questions about your paperwork. If everything checks out, that’s it. You’ll generally get your Chapter 7 discharge after a few months.

    What Happens After the Chapter 7 Discharge?

    Once you receive a discharge, your legal responsibility to pay most of your debts ends. Good news, right? That means:

    • No more worrying about that old credit card bill
    • No more collection calls
    • No more lawsuits

    But remember—secured debts like a car loan still require payments if you want to keep your vehicle. And some debts, like child support, can’t be discharged. Still, it’s a huge weight lifted from your shoulders. You can start fresh and start building back your finances with peace of mind.

    Will I Have to Go to Court in Chapter 7 Bankruptcy

    What If I Don’t Qualify for Chapter 7?

    You’ve got options if you don’t qualify for Chapter 7 bankruptcy. You can look at:

    • Chapter 13 – A 3 to 5-year repayment plan to catch up on missed payments
    • settlement of debt – Negotiating with creditors to pay less than you owe
    • A debt management plan – Through a credit counseling agency

    These bankruptcy alternatives might work better for you if you have a stable income or want to keep certain assets.

    Constant calls and threats from creditors can be overwhelming. Filing for Chapter 7 can help stop creditor harassment immediately.

    Do I Need Credit Counseling?

    Yes. You need credit counseling. Before filing for Chapter 7 or Chapter 13 bankruptcy, you must complete a credit counseling session from an agency that is approved. This is required by federal law. It’s usually done over the phone or online and only takes about an hour. After you finish, you’ll get a certificate to include in your bankruptcy filing.

    What’s the Role of the Bankruptcy Trustee?

    Think of the bankruptcy trustee as your manager of your case. They’ll:

    • Review your documents
    • Sell any non-exempt assets
    • Distribute money to unsecured creditors
    • Check and confirm that everything follows the bankruptcy code

    Again, most people don’t lose anything because they don’t own high-value, non-exempt property. But it’s still their job to check and confirm.

    What Happens After the Chapter 7 Discharge

    What About a Personal Bankruptcy Record?

    Remember that filing for bankruptcy will stay on your credit report for 10 years. That might sound scary, but here’s the truth:

    If you’re deep in debt, your credit is likely already suffering. A Chapter 7 discharge can help you begin rebuilding your life with a new financial strategy and carefulness.

    You can get new credit cards, make payments on time, and work your way back up. Many people purchase cars or homes after filing for bankruptcy. It just takes time, commitment, and discipline.

    Talk to an Experienced Bankruptcy Attorney

    Thinking of filing? It helps to have someone who knows the ropes. An experienced bankruptcy attorney firm can walk you through the bankruptcy process, help you pass the means test, and file everything correctly. They’ll also help protect your property and other belongings and guide you through any court interactions.

    Payday loans can trap you in a cycle of debt. See how Chapter 7 and our payday loan debt help services might offer relief.

    Final Thoughts

    So, what happens to the debt in Chapter 7 bankruptcy? Most unsecured bills disappear, but some debts remain. Your credit gets reset. Your life gains some breathing room. If you’re struggling with debt, there’s no shame in asking for professional help. 

    Chapter 7 bankruptcy exists for a reason; it’s not the end—it’s a chance to start fresh. Talk to your local bankruptcy attorney today to begin anew in your life.

    Talk to The Pope Firm — Bankruptcy Help That Makes Sense

    Drowning in debt? You’re not alone—and you don’t have to figure it out by yourself. The Pope Firm brings over 25 years of experience helping people and small businesses across East Tennessee get a fresh start.

    We handle Chapter 7, Chapter 13, small business bankruptcy, and other types of bankruptcy. From medical bills to student loans, we’ll help you understand what’s possible. We serve Bristol, Kingsport, Johnson City, and nearby areas in East Tennessee and Southwest Virginia.

    Let’s talk. Call now to connect with attorneys who care—and who know how to help.

    If you need assistance with personal or business bankruptcy and filing in Tennessee, reach out to The Pope Firm and Charles Pope, Attorney At Law.

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    DISCUSS YOUR SITUATION WITH ONE OF OUR PROFESSIONALS TODAY

    Payday Loan Help with The Pope Firm in Tennessee

    If you’re overwhelmed by multiple payday loans and don’t know where to turn, The Pope Firm is here to help. Our experienced bankruptcy attorneys in Johnson City, Tennessee, understand the pressure and urgency that come with mounting debt. 

    We’ll walk you through your options for payday loan debt help and help you with debt settlement, Chapter 7, or Chapter 13 bankruptcy. You don’t have to face this alone. Call The Pope Firm at 423-929-7673 for free case inspection by our expert attorneys!