Chapter 7 / liquidation: this area of bankruptcy is designed to provide a "fresh start" including all unsecured debt such as credit cards.
What is a bankruptcy estate?
Generally all assets and debts of the debtor are included in the estate. All schedules must be completed accurately and assets can be sold in a chapter 7 bankruptcy to pay creditors; sometimes negotiations can help to resolve equity in assets.
Means test: When a debtor's income is greater than the average income, an income test will help to demonstrate whether the bankruptcy would be an abuse of the bankruptcy process.
Reasons for bankruptcy are typically liquidation (chapter 7) or reorganization (chapters 11 (corporate) and 13
(individual)) for debt management concerning judgments or other debt.
When to consult with an attorney: as early as possible and even prior to creating a debt through litigation or otherwise, advice should be sought concerning bankruptcy matters. It is better not to wait until the last minute to avoid surprises and losses through garnishment, etc.
Meeting of Creditors - who usually attends? Typically in a chapter 7 bankruptcy the debtor attends the 341 Meeting of Creditors with an attorney at which time the Trustee for the court asks recorded questions concerning the bankruptcy estate. Creditors are allowed to inquire at the 341 Meeting and if needed follow-up, discovery/questions can be sought as to the bankruptcy estate.
Mr. Demos has appeared as a legal advisor on many Florida television programs and periodicals. He also attended seminars as the speaker discussing personal injury (two seminars), condominium, and real estate (two seminars)