Securities Fraud Lawyers Blog
Due to the fact that there are several complex aspects of Chapter 7 bankruptcy proceedings, your Tampa bankruptcy attorney may explain several of these aspects before your hearing. Here are some of the topics that you may discuss with your bankruptcy attorney.
Appointment and Role of Trustee
A trustee is appointed at the §341(a) meeting. This individual is responsible for taking physical possession of the property owned by the debtor that is not exempt. Additionally, this individual sells the property and distributes the proceeds to various creditors. The trustee also files a final report, applications for fees and expenses and an application for the court’s final decree and discharge of the case.
Financial Management Course
An attorney from the Tampa bankruptcy law office that represents you can explain that you must finish a financial management course before you can get the case discharged. You must submit a certification of completion course to the court within 45 days of the first meeting that you have with creditors.
Discharge
After the trustee has finished his or her job, you will be discharged from the remaining debts that are dischargeable. This commonly occurs after 60 days of meeting with creditors. The court clerk mails you a copy of the file-marked decree. This discharge will void any judgment against you and serves as an injunction against the filing of an action against the debtor. A discharge will not be granted if the bankruptcy is not filed by an individual, if the debtor transferred, destroyed or concealed assets with the intention to defraud his or her creditors or if he or she failed to keep adequate records of business transactions.
Additionally, a court can refuse to discharge the bankruptcy if the debtor did not sufficiently explain a loss of assets, refused orders of the court, transferred assets to a family member within a year of the bankruptcy petition, had another bankruptcy discharge within eight years of the current petition or did not pay all filing and administration fees. An attorney from a Tampa bankruptcy law office can explain other reasons why a court may refuse discharge.
For more information on Chapter 7 bankruptcy proceedings, contact Robert Savage by calling 813-200-0013.