Complete liquidation and a fresh start is an attractive option to many debtors, so some Chapter 7 Bankruptcy can help people suffering the worst from unfortunate financial circumstances get back on their feet. The ins and outs of Chapter 7 bankruptcy information are much clearer than whether or not it’s a good choice for those debtors investigating it. Anyone considering Chapter 7 should consult a lawyer to help them through the process. It isn’t cheap, but lawyers can prevent a lot of trouble.

Chapter 7 bankruptcy is meant to reimburse creditors as much as possible while clearing what the debtors in question owe. To that end, Chapter 7 entails liquidation of everything but non-exempt property that a debtor may own. What constitutes exemptions to liquidation is determined by either a federal set of standards and a state-determined set of standards. After the non-exempt property is liquidated, the remaining debts are dismissed.

It doesn’t matter how much a creditor is owed by a debtor or even whether the creditor can pay the debt back over an extended period of time. So long as the debtor has applied for counseling from an approved credit or financial service 180 days prior to their filing for Chapter 7 and hasn’t been disrespectful of the courts proceedings in that same period, any corporation, individual, or partnership can apply for Chapter 7.

The government does have ways of determining whether or not people are filing what is called an abusive Chapter 7 claim and actually has the means of paying their debts, but refuses to. This system is called a means test.

A means test will examine a debtor’s income and their expenses to determine whether the claim is abusive. The debtor’s average monthly income for the past five years is compared to the median amount for the state that they live in. If it is above that amount, the bankruptcy claim will be subject to the second test, which investigates the expenses of that debtor in comparison to the amount of unsecured debt that they own. So if those expenses exceed 25 percent of the debt not secured by collateral usually something like credit card debt then the court will either turn the case into a Chapter 13 filing or simply dismiss the whole thing.

A Chapter 13 claim is very different from a chapter 7 claim. Under Chapter 13, a debtor is placed under a five-year repayment plan to his creditors. The amount left over after that period is dismissed under Chapter 7, and no property is liquidated.

Since the exemptions to what is liquidated under Chapter 7 don’t include very much at all, those debtors wishing to keep the majority of the property that either has a lien on it or is the cause of debt would probably seek an alternative route to repayment. Likewise, Chapter 7 probably isn’t right for those who wish to keep their business going. Another alternative, of course, is coming up with a repayment plan outside of court and avoiding the fees of filing for bankruptcy.

Chapter 7 is currently designed to resist abuses and dishonesty, so debtors should make sure that they’re providing all the necessary personal information and are honestly qualified for that kind of debt relief. Chapter 7 bankruptcy information can help determine whether or not to pursue that solution to a financial crisis.

Learn more information on Credit Card Debt Relief. Anyone in serious financial trouble should certainly consider seeing a lawyer that specializes in bankruptcy law. Find out more details about Chapter 13 Bankruptcy Rules what it means for debtors and who can apply for it?