- Instructor: Attorney Bob Schaller
- Lectures: 2
Chapter 7 of the Bankruptcy Code
Bankruptcy Code Chapter 7 is different than Code chapters 1, 3 & 5. Think of Chapters 1, 3 and 5 as the internal gears that make the bankruptcy machine operate efficiently – the nuts and bolts of the bankruptcy process if you will. In contrast Chapter 7 is a remedy chapter.
The remedy provided in Chapter 7 is, of course, the discharge of all dischargeable debts. See 11 U.S.C. § 727. Chapter 7 discharges certain debts in return for the liquidation of the debtor’s non-exempt and partially exempt assets. Chapter 7 consists of sections 701 thru 784. Not all sections of Chapter 7 will be addressed. Instead, concentration is placed on those sections of Chapter 7 that relate most directly to an individual Chapter 7 bankruptcy case.
Related Courses
BK 105: Schedule E/F – Unsecured Creditors
Schedule E/F: Unsecured Creditors. Every Chapter 7 debtor must file a schedule of liabilities that includes both secured and unsecured creditors. 11 U.S.C. § 521(a)(1)(B)(i); Bankruptcy Rule 1007(b)(1)(A). This course focuses on the listing of unsecured creditors and the prior chapter discussed listing secured creditors. The creditors listed in Schedule E/F…
BK 106: Schedule G – Executory Contracts and Unexpired Leases
Schedule G: Executory Contracts and Unexpired Leases. Every Chapter 7 debtor must file a schedule of executory contracts and unexpired leases. Bankruptcy Rule 1007(b)(1)(C). This chapter focuses on the listing of debtor’s executory contracts and unexpired leases. What makes a contract an “executory” contract? An executory contract in the bankruptcy context has…
BK 110: Statement of Compensation
Statement of Compensation. Chapter 7 attorney must file a disclosure of compensation for services rendered and reimbursement of expenses. 11 U.S.C. § 329(a); Bankruptcy Rule 2016(b). Like the schedules, Bankruptcy Rule 9009 requires a debtor to use a specific national form prescribed by the Judicial Conference of the United States when…
BK 113: Statement of Your Current Monthly Income
Statement of Your Current Monthly Income. Every Chapter 7 debtor must file a statement of current monthly income. 11 U.S.C. § 521(a)(1)(B)(v). A better term for this statement would have been average monthly income. As discussed below, this statement reveals the average monthly income from all sources of income during…
BK 114: Statement of Means Test Calculation
Statement of Means Test Calculation. Every Chapter 7 debtor must file Official Form 122A-2, Chapter 7 Means Test Calculation when his/her annualized average monthly income (as calculated in Part 1 of Official Form 122A-1, Chapter 7 Statement of Your Current Monthly Income) exceeds the state’s median annual income for households of…