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CHAPTER 7 LIQUIDATION

The potential chapter 7 debtor should understand that a straight bankruptcy case does not involve the filing of a plan of repayment as in Chapter 13.  In most cases the debtor may keep their home, furniture and vehicle. 

Eligibility to qualify for relief under Chapter 7:

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The debtor must be an individual, partnership or corporation.

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Relief is available under Chapter 7 irrespective of the amount of the debtor's debts, whether the debtor is solvent or insolvent.

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An individual can't file under Chapter 7 petition or any other chapter, however, if during the preceding 180 days a prior bankruptcy petition was dismissed due to the debtor's willful failure to appear before the court or comply with orders of the court.

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The debtor voluntarily dismissed the previous case after creditors sought relief from the bankruptcy court to recover property upon which they hold liens.

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