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February 1, 2012 By Stephen Kass

Filing for Chapter 7 After A Divorce

Many couples argue over money. One spouse may be cheap. Another spouse may be a spender. The couple may be in conflict about their credit card bills, the mortgage or car payments. Debt can cause a relationship to fall apart.

A divorce may establish clarity in a couple’s private life, but does not make debt disappear. Couples who split may enjoy living apart, but filing Chapter 7 bankruptcy may be on the calendar after the divorce paper wars. An experienced New York bankruptcy attorney is the place to go to get answers to bankruptcy questions and analyze the financial situation after a divorce. Filing for Chapter 7 can be another step to stabilize life further after a divorce, and then enjoy a fresh start – financially as well as emotionally.

A Chapter 7 bankruptcy involves:

  • Debt & Bankruptcy Analysis – determining which debts are dischargeable
  • Preparation and filing of the Chapter 7 Petition
  • Preparation and filing of the Chapter 7 Schedules
  • Correspondence with Creditors
  • Representation at the 341(a) Meeting of the Creditors
  • Preparation and filing of any revised Chapter 7 Schedules and/or Forms
  • Monitoring the case to ensure a discharge

To qualify for relief under Chapter 7, the filing debtor must be an individual, a partnership, a corporation, or other business entity. An individual, to qualify for Chapter 7, must satisfy “means testing.” Means testing is a mathematical calculation used to determine whether an individual qualifies for a Chapter 7 based on income, the median income for the person’s residential area, and certain “allowable expenses” established by the government. Means testing determines whether a person will have enough income over the next 5 years to repay debts based on government standards. If income falls short of the government standards, then a person qualifies for Chapter 7.

Chapter 7 bankruptcy begins with a mandatory credit counseling course which all debtors must complete prior to filing a petition. The course can be taken virtually over the Internet. Approved courses are listed at the Department of Justice website.

Once the debtor completes a credit counseling course, the next step is the filing of a petition. The petition sets forth the debtor’s contact information, estimated debts, and number of creditors. The filing of the petition imposes an “automatic stay” on collections which applies to all creditors. The automatic stay stops creditors from collecting against a debtor while the bankruptcy case is pending. Any creditor who continues collection actions may be in violation of federal law and subject to penalties.

After a divorce, consider consulting with an experienced New York bankruptcy attorney to get finances squared away.

Filed Under: Bankruptcy, Chapter 7

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I highly recommend using Steve Kass as an attorney. I had a serious issue with the IRS involving real property, a company I built and sold, and multiple years of taxes which were unfairly and incorrectly assigned to me and had been hanging over my head because my efforts to negotiate...

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Mr. Kass and his professional office staff helped me through every step of the way which without his expert guidance would not have been successful. Mr. Kass was able to a access my situation quickly and advise me. I highly highly recommend making an appointment with Mr. Kass

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I consider myself very lucky to have found Stephen B. Kass last year. We were drowning in credit card debt and were on the verge of filing bankruptcy. Mr. Kass was able to negotiate with all of our creditors and reduce the balances SIGNIFICANTLY. Within one year we are debt free

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Stephen and legal staff provided superb, accurate, and detailed financial analysis. Stephen has an exquisite knowledge of financial planning and tax law, and was able to make tailored, individualized recommendations that have helped me tremedously with regard to long-term financial planning and resolution of tax issues. Office staff are skilled

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I had a great experience with Stephen Kass. He took legally complicated case from another attorney and resolved it. Years later, when his assistance was needed, he responded right away, remembering every detail of the case. He is an expert in his field and great person to work with.

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