By using The Balance, you accept our Mr. Chernich administers cases filed in the Lansing area, including counties throughout mid-Michigan. Please try again.Commencement of a bankruptcy case creates an "estate."

The United States Trustee Program does not administer bankruptcy estates in Alabama at this time. It's the most common type of bankruptcy filing in the U.S. Chapter 7 Bankruptcy Explained .

Almost every individual debtor who wants to file a Chapter 7 case must participate in a session with an approved credit counselor before the case can be filed. The means test calculation requires completing and submitting 2 Personal Bankruptcy Options For Consumers The trustee may also attempt to recover money or property under the trustee's "avoiding powers."

Chapter 7 is often referred to as a "straight" or "liquidation" bankruptcy. This class is often given by the same group that you used for credit counseling.

Chapter 7 documents include a voluntary petition for relief, schedules of assets and liabilities, declarations regarding debtor education, and a The U.S. Department of Justice provides an interactive search tool on its website to help you find

You can only file Chapter 7 bankruptcy under very specialized exceptions if you fail the means test. The estate technically becomes the temporary legal owner of all the debtor's property.

Many of my Chapter 7 bankruptcy clients in Northwest Georgia get the Chapter 7 bankruptcy trustee confused with the judge. Somer G. Anderson is an Accounting and Finance Professor with a passion for increasing the financial literacy of American consumers.

This site is protected by reCAPTCHA and the Google Copyright © 2020, Thomson Reuters.

Some debts, including certain taxes and child or spousal support obligations, aren't dischargeable. The trustee accomplishes this by selling the debtor's property if it is free and clear of liens (as long as the property is not exempt) or if it is worth more than any security interest or lien attached to the property and any exemption that the debtor holds in the property.

After the sale of collected assets is completed, the trustee may be eligible to collect a scale of the income. The bankruptcy trustee will ask the debtor various questions at this meeting as well, such as whether all the information contained within the bankruptcy documents is true and correct. When a chapter 7 petition is filed, the U.S. trustee (or the bankruptcy court in Alabama and North Carolina) appoints an impartial case trustee to administer the case and liquidate the debtor's nonexempt assets. Welcome to the website of Scott A. Chernich, Chapter 7 Trustee in the Western District of Michigan. The trustee can't take all your assets. When a chapter 7 petition is filed, the U.S. trustee (or the bankruptcy court in Alabama and North Carolina) appoints an impartial case trustee to administer the case and liquidate the debtor's nonexempt assets. SearchThe primary role of a chapter 7 trustee in an asset case is to liquidate the debtor's nonexempt assets in a manner that maximizes the return to the debtor's unsecured creditors. You or your attorney will file everything with the clerk of your local bankruptcy court and pay a The court will issue notice of a debtor's "meeting of creditors," often referred to as the "341 meeting" after the bankruptcy code that provides for it, when a Chapter 7 bankruptcy is filed. Chapter 7 Trustee. It consists of all legal or equitable interests of the debtor in property as of the commencement of the case, including property owned or held by another person if the debtor has an interest in the property.

Although a secured creditor does not need to file a proof of claim in a chapter 7 case to preserve its security interest or lien, there may be other reasons to file a claim.Statement of Current Monthly Income and Means Test CaluculationApplication for Waiver of the Chapter 7 Filing Fee
Larry Simons is a chapter 7 trustee assigned to the Riverside Division of the Central District of California. Back to State Locator ALABAMA. As a bankruptcy trustee, Mr. Chernich does not represent the debtor or any one creditor and cannot give legal advice in connection with cases that he is administering.
This rule is intended to ensure that they remain impartial.Do You Qualify for Chapter 13 Bankruptcy? If all the debtor's assets are exempt or subject to valid liens, the trustee will normally file a "no asset" report with the court, and there will be no distribution to unsecured creditors.

What Are Nonexempt Assets in a Bankruptcy Case?

Luckily, a professional can help guide you through the process and ensure that you access all the protection that the law provides. Making ends meet can be difficult, and people sometimes find that they simply can't do it.

At the 341 meeting of creditors, its not uncommon to hear a debtor answer a question with “yes your Honor” even though there is no judge at this hearing. Questions about cases in Alabama should be addressed to: The Administrative Office of the U.S. Courts Bankruptcy Judges Division 1 Columbia Circle, N.E., Suite 4-250 Washington, DC 20544 Phone: (202) 502-1900 Back to … She has been working in the Accounting and Finance industries for over 20 years.Increase of Federal Bankruptcy Exemptions, Other Dollar Amounts: April 1, 2019What You Need to Know Before Filing a Medical Bankruptcy The session can be attended in person, online, or by telephone. Under the Code, there are six classes of claims; and each class must be paid in full before the next lower class is paid anything.