{"id":32377,"date":"2016-03-31T19:23:05","date_gmt":"2016-04-01T00:23:05","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-legal\/uncategorized\/chapter-7-bankruptcy-faq-s.html"},"modified":"2016-07-29T14:08:54","modified_gmt":"2016-07-29T19:08:54","slug":"chapter-7-bankruptcy-faq-s","status":"publish","type":"corporate","link":"https:\/\/corporate.findlaw.com\/finance\/chapter-7-bankruptcy-faq-s.html","title":{"rendered":"Chapter 7 Bankruptcy FAQ&#8217;s"},"content":{"rendered":"<section class=\"fl-gutenberg-byline\">\n    <div class=\"fl-gutenberg-byline-content\">\n                    <p><em>This article was edited and reviewed by <a href=\"https:\/\/www.findlaw.com\/company\/our-team.html\" rel=\"noopener\">FindLaw Attorney Writers<\/a><\/em><\/p>\n\n                | Last reviewed\n        <time>\n                            May 07, 2026\n                    <\/time>\n    <\/div>\n\n    \n    <details class=\"fl-gutenberg-byline-toggle fl-gutenberg-byline-legally-reviewed\">\n        <summary>\n            <i class=\"fl-gutenberg-byline-icon\" aria-hidden=\"true\"><\/i>\n            Legally Reviewed\n        <\/summary>\n\n        <div class=\"fl-gutenberg-byline-toggle-content\">\n            <p><em>This article has been written and reviewed for legal accuracy, clarity, and style by <a href=\"https:\/\/www.findlaw.com\/company\/our-team.html\" rel=\"noopener\">FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with <a href=\"https:\/\/www.findlaw.com\/company\/company-history\/editorial-policy.html\" rel=\"noopener\">our editorial standards<\/a>.<\/em><\/p>\n\n        <\/div>\n    <\/details>\n\n    <details class=\"fl-gutenberg-byline-toggle fl-gutenberg-byline-fast-checked\">\n        <summary>\n            <i class=\"fl-gutenberg-byline-icon\" aria-hidden=\"true\"><\/i>\n            Fact-Checked\n        <\/summary>\n\n        <div class=\"fl-gutenberg-byline-toggle-content\">\n            <p><em>The last updated date refers to the last time this article was reviewed by FindLaw or one of our <a href=\"https:\/\/www.findlaw.com\/company\/our-team\/contributing-authors.html\" rel=\"noopener\">contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please <a href=\"https:\/\/lawyers.findlaw.com\/?fli=bylinelink\" rel=\"noopener\">contact an attorney in your area<\/a>.<\/em><\/p>\n\n        <\/div>\n    <\/details>\n<\/section>\n\n\n\n<p><b>What is Chapter 7 and how does it work?<\/b><\/p>\n<p>Chapter 7 is that part (or chapter) of the Bankruptcy Code that <a title=\"Liquidation Under The Bankruptcy Code: Chapter 7\" href=\"https:\/\/corporate.findlaw.com\/finance\/liquidation-under-the-bankruptcy-code-chapter-7.html\" target=\"_blank\">deals with liquidation<\/a>. The Bankruptcy Code is that part of the federal laws that deal with bankruptcy. A person who files under Chapter 7 is called a debtor. In a Chapter 7 case, the debtor must turn his or her nonexempt property, if any exists, over to a trustee, who then converts the property to cash and pays the debtor&#8217;s creditors. In return, the debtor receives a Chapter 7 discharge, and obeys the orders and rules of the court.<\/p>\n<p><b>What is a Chapter 7 Discharge?<\/b><\/p>\n<p>It is a court order releasing a debtor from all of his\/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.<\/p>\n<p><b>Which Debts Are NOT Dischargeable Under Chapter 7?<\/b><\/p>\n<ul>\n<li>Most tax debts and debts that were incurred to pay <a title=\"Dischargeability of Income Tax Bankruptcy\" href=\"https:\/\/corporate.findlaw.com\/finance\/dischargeability-of-income-tax-bankruptcy.html\" target=\"_blank\">federal taxes owed<\/a>.<\/li>\n<li>Debts for obtaining money, property, services, or credit by means of false pretenses, fraud, or a false financial statement, if the creditor files a complaint in the case (included here are debts for luxury goods or services and debts for cash advances made within 60 days before the case is filed).<\/li>\n<li>Debts not listed on the debtor&#8217;s Chapter 7 forms, unless the creditor knew of the case in time to file a claim.<\/li>\n<li>Debts for fraud, embezzlement, or larceny, if the creditor files a complaint in the case.<\/li>\n<li>Debts for <a title=\"When Divorce Turns into Bankruptcy: Which Debts Are Dischargeable?\" href=\"https:\/\/corporate.findlaw.com\/finance\/when-divorce-turns-into-bankruptcy-which-debts-are.html\" target=\"_blank\">alimony, maintenance, or support<\/a>, and, if the creditor files a complaint in the case, certain other divorce-related debts including property settlement debts.<\/li>\n<li>Debts for intentional or malicious injury to the person or property of another, if the creditor files a complaint in the case.<\/li>\n<li>Debts for certain fines or penalties.<\/li>\n<li>Debts for educational benefits and student loans that became due within the last seven years, unless a court finds that not discharging the debt would impose an undue hardship on the debtor and his or her dependents.<\/li>\n<li>Debts for personal injury or death caused by the debtor&#8217;s operation of a motor vehicle while intoxicated.<\/li>\n<li>Debts that were or could have been listed in a previous <a title=\"Bankruptcy\" href=\"https:\/\/corporate.findlaw.com\/finance\/bankruptcy.html\" target=\"_blank\">bankruptcy case<\/a> of the debtor in which the debtor did not receive a discharge.<\/li>\n<\/ul>\n<p><b>What Persons Are Not Eligible For A Chapter 7 Discharge?<\/b><\/p>\n<ul>\n<li>A person who has been granted a discharge in a Chapter 7 case filed within the last six years.<\/li>\n<li>A person who has been granted a discharge in a Chapter 13 case filed within the last six years, unless 70% or more of the unsecured claims were paid off in the Chapter 13 case.<\/li>\n<li>A person who files a waiver of discharge that is approved by the court in the Chapter 7 case.<\/li>\n<li>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.<\/li>\n<li>A person who conceals, destroys, or falsifies records of his or her financial condition or business transactions.<\/li>\n<li>A person who makes false statements or claims in the Chapter 7 case, or who withholds recorded information from the trustee.<\/li>\n<li>A person who fails to satisfactorily explain any loss or deficiency of his or her assets.<\/li>\n<li>A person who refuses to answer questions or obey orders of the bankruptcy court, either in his or her bankruptcy case, or in the bankruptcy case of a relative, business associate, or corporation with which he or she is associated.<\/li>\n<\/ul>\n<p><b>What Persons Are Eligible To File Under Chapter 7?<\/b><\/p>\n<p>Any person who resides in, does business in, or has property in the United States may file under Chapter 7, except a person who has been involved in another bankruptcy case that was dismissed within the last 180 days on certain grounds.<\/p>\n","protected":false},"excerpt":{"rendered":"<p> Chapter 7 is that part (or chapter) of the Bankruptcy Code that deals with liquidation. The Bankruptcy Code is that part of the federal laws that deal with bankruptcy. A person who files under Chapter 7 is called a debtor. In a chapter 7 case, the &#8230;<\/p>\n","protected":false},"template":"","meta":{"_acf_changed":false,"_stopmodifiedupdate":true,"_modified_date":"","_cloudinary_featured_overwrite":false},"corporate_categories":[6480,6479],"class_list":["post-32377","corporate","type-corporate","status-publish","hentry","corporate_categories-finance__bankruptcy","corporate_categories-finance"],"acf":[],"_links":{"self":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate\/32377","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate"}],"about":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/types\/corporate"}],"wp:attachment":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/media?parent=32377"}],"wp:term":[{"taxonomy":"corporate_categories","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_categories?post=32377"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}