Chapter 7 Bankruptcy - Liquidation
The debtor’s assets are secured by the trustee for liquidation and distribution to creditors. The debtor has the right to retain certain exempt property and secured creditors may have additional rights. In most Chapter 7 cases there is little or no nonexempt property, so there is generally not an actual liquidation of the debtor’s assets. Generally, a Chapter 7 discharge releases individual debtors from personal liability for most debts and prevents creditors owed these debts from taking any collection actions against the debtor. In order to qualify for relief under Chapter 7, a “means test” is applied to determine if the debtor’s income is under certain threshold limits. If not, the debtor may not be eligible to file under Chapter 7.