Chapter 7
A trustee can sell nonexempt property to pay creditors. Exemptions may protect certain property, but eligibility, liens and the types of debt must be reviewed. A discharge is not automatic or available for every debt.
Consumer bankruptcy in Las Vegas
Debt questions deserve clear answers.
Collection demands, missed payments or worry about your property? Discuss Chapter 7, Chapter 13 and non-bankruptcy options with Joshua Dresslove. You do not have to decide to file before you call.
This guide is for individuals seeking help with their own debts. If you are owed money, see creditor representation.
Is a sale, repossession or court date approaching? Call the office. This website and a contact request do not stop a deadline or establish representation.
The short answer
Chapter 7 generally does not use a repayment plan and can involve the sale of nonexempt property. Chapter 13 involves a proposed repayment plan for eligible individuals with regular income. Neither option guarantees that every debt is discharged or that all property is protected.
U.S. Courts bankruptcy basicsChapter 7 or Chapter 13: what is the difference?
The right conversation starts with your income, debts, property, payment history and goals. The outline below explains the basic distinction, not whether you qualify. Joshua can discuss the facts before you decide whether to engage the office.
Chapter 13
Eligible individuals with regular income propose a plan to repay all or part of their debts. Keeping property involves meeting the plan and other requirements. A repayment plan is a commitment, not simply a lower-payment promise.
An alternative to filing
Bankruptcy is not the only option to discuss. Depending on your circumstances, arrangements with creditors or credit counseling may be alternatives. The office can discuss non-bankruptcy options without assuming filing is appropriate.
General orientation. Read the supporting sources.
Before a consultation
Bring what you have.
Start with what matters.
- A general list of income, expenses and debts
- Recent statements and collection notices
- A list of property and loans secured against it
- Any prior bankruptcy information
- Any court, sale, repossession or garnishment dates you know about
If a deadline is approaching, call rather than waiting to gather every document. Contacting the office does not stop collections, protect a deadline or mean representation has begun.
Questions before you call
Questions you may have.
Will I lose my home or car?
There is no safe yes-or-no answer without reviewing the property, equity, liens, payment status, exemptions and bankruptcy chapter. Chapter 7 may involve liquidation of nonexempt property. Chapter 13 has repayment and other requirements. Ask Joshua to review your circumstances.
Can bankruptcy stop collections?
Filing can stay many collection actions, but exceptions and limitations apply. Timing and prior filings can matter. A call, consultation request or appointment does not create a bankruptcy stay. If a sale, repossession or court date is approaching, call and seek other qualified counsel promptly if the office has not accepted the matter.
Will all my debts go away?
No. Some debts are not dischargeable, and a discharge does not automatically eliminate liens on property. What relief may be available depends on the debts, the chapter and the case.
Do I have to choose a chapter before contacting you?
No. The consultation can begin with your circumstances and goals. Joshua can discuss Chapter 7, Chapter 13 and non-bankruptcy options after reviewing the relevant facts.
Is this page for creditors too?
This page focuses on individuals seeking help with their own debts. Dresslove Law also describes creditor representation in bankruptcy on its services page. A creditor’s questions and goals are different from a debtor’s.
Your next step is a conversation.
Call or request contact from the office. Your consultation takes place after the appointment is confirmed. If you decide to hire the office, the engagement agreement explains the work and fees. Work starts only after acceptance, completion of the agreement and any required initial payment.
Owed money by someone in bankruptcy? See creditor representation.
Sources and further reading
This is general information, not legal advice about your circumstances. Calling or sending a request does not create an attorney-client relationship, book an appointment or protect a deadline. Do not send confidential documents until the office gives you an appropriate method.