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Chapter 7

Chapter 7 is the most common type of bankruptcy case that is filed in West Virginia. It is known as “liquidation” bankruptcy because while your unsecured debts are wiped away, some of your assets may be liquidated.

A West Virginia bankruptcy lawyer can help you with a means test in order to decide if Chapter 7 is the right kind of bankruptcy for you and your situation. They will review your debts and assets and inform you on the right kind of filing. If you do not meet the criteria for Chapter 7, you will most likely be able to file a Chapter 13. In Chapter 13 you can have your debts restructured and a payment plan set up. Your assets are not liquidated with a Chapter 13 filing.

Chapter 7 Bankruptcy Law for Business

If your business is in financial distress you may want to consider filing for Chapter 7 bankruptcy. Your business will have to stop operations and a Trustee will be appointed to analyze the business’s finances. The Trustee will decide if you can continue operations. The nonexempt assets of the business will then be sold to pay back the creditors.

It is not guaranteed that all employees will keep their jobs. If employees do need to be let go, the court allows for some wages to be paid during the bankruptcy process. A hierarchy of payment outline will be maintained by the trustee according to the Bankruptcy Code. Immediate payment priorities will include salary, commission, and wages. Once the liquidation process is over, the stakeholders will be informed. Then they can claim whatever leftovers are there for the business.

Chapter 7 Bankruptcy Law for Individuals

If you reside in, own property or a house in, or own a business in the United States, you can file a bankruptcy case. If you had a bankruptcy case dismissed within the last 6 months, you are prohibited from filing again. If you received a bankruptcy discharge in the previous 6 to 8 years then you cannot file again until that time period is over.

After filing the case, you can retain a part of exempt assets. The board of trustees will sell off your nonexempt property and deal with your creditors. The types of debts that won’t be discharged include,

  • Child support
  • Income taxes that are less than 3 years old
  • Fines and restitution ordered by the court
  • Loan for studies
  • Property tax
Chapter 7 Bankruptcy Will Stay on Your Credit for 10 Years

There can be a lot of misinformation out there about bankruptcy. When it comes to your finances and assets you don’t want to make any mistakes when filing for bankruptcy. Hiring a knowledgeable bankruptcy lawyer from our team at Mountaineer Criminal Law Group can make all the difference. We will help every step of the way during the process.

For more details on Chapter 7 bankruptcy or for a free consultation from attorney Sean Logue and his team at Mountaineer Criminal Law Group, call at 1 (304) 584-DUI1 or contact us online.

Client Reviews
★★★★★
"I had hired Mr Logue a few years ago for my gf at the time for charges she had gotten before i had met her for prostitution. Big mistake to date her and pay for her lawyer as we didn’t work out but Mr Logue far exceeded expectations. He got nearly all charges in 2 separate cases dropped for her. My mistake to hire him for her but her blessing. I know she didn’t thank you enough so allow me to for her. Very highly recommend Mr. Logue.” A.C.
★★★★★
I was arrested on a felony 3 charge looking at at least up to 2 years in prison. County District Attorney didn't want to negotiate. After a lot of hard work, Sean was able to plead the case all the way down to just 90 days jail with a work release. Better deal than I realistically could have hoped for. Sean and his team worked hard for me. They're the best! Anonymous
★★★★★
After the salesmen told me my gun application "wouldn't be a problem," I was charged with an illegal attempt to posses a firearm. Sean Logue has a good relationship with the DA, but still pushed them to have a trial and I was found not guilty of the felony charge. Sean is a tough and smart lawyer who knows his way around the courtrooms. Anonymous
★★★★★
I am happy to be able to share this information with everyone. Mr. Logue gave attention to our problem immediately and resolved the issue for us quickly. He is an attorney who is respected, not just by us but the court system. I am thankful we found him, and would recommend him to anyone needing a great attorney to represent them. Anonymous
★★★★★
Mr Logue was the one I hired after talking to other attorneys about my case. He was the most knowledgeable and explained everything to me about his plan for me moving forward. He was always available to answer my questions and fought hard and got my charge dismissed!! Don't waste your time looking for anyone else to help you. Mr Logue did an amazing job and very professional! Anonymous