Fargo Chapter 7 Bankruptcy Attorneys

Am I Eligible for Chapter 7 Bankruptcy in North Dakota? 

Chapter 7 is generally an option for individuals who don’t have much income; higher-income individuals should consider Chapter 13 instead. 

To qualify for Chapter 7 bankruptcy, you must meet one of the following:

• Your current monthly income (your average income over the last 6 months) is less than or equal to the median income for a family of your size in North Dakota.
• If your income is higher than the median, you must pass the “means test,” which measures the amount of disposable income you have to repay your creditors. The more disposable income you have, the unlikelier you will qualify for Chapter 7. 

Not sure if you are eligible for Chapter 7? Do not hesitate to contact a Fargo Chapter 7 lawyer at our firm – we are happy to answer your questions (701) 394-3215.

How Does Chapter 7 Work?

Chapter 7 is one of the many ways an individual can resolve their debts. Also known as “liquidation bankruptcy” Chapter 7 involves giving up some of your assets in order to clear away many types of unsecured debt. But not to worry, not all of your possessions will be sold -- there are property exemptions in North Dakota.

When Should I File for Bankruptcy?

Deciding when to file for bankruptcy is a deeply personal decision that depends on a variety of circumstances. However, there are certain indications of when filing for Chapter 7 bankruptcy can be right. If you're facing unmanageable levels of debt, such as from medical bills, personal loans, or credit cards, and your income is not sufficient to keep up with the payments, Chapter 7 bankruptcy may be a viable option. It's particularly beneficial if most of your debts are unsecured, that is, not tied to any collateral like a house or a car. Furthermore, if you're facing litigation due to unpaid debts, like a lawsuit or wage garnishment, filing for bankruptcy can provide immediate relief. Remember, it is best not to wait when you realize your debt is too big to handle. Many individuals put off filing for bankruptcy, hoping to miraculously pull out of their debt crisis, but this often results in worse damage to your credit and a harder time recovering once debt relieve is finally achieved. Consult with a bankruptcy attorney to understand all your options and make a well-informed, timely decision.

How to File for Chapter 7 Bankruptcy in North Dakota 

Filing for Chapter 7 bankruptcy in North Dakota can be a complex and daunting task, but it is possible to navigate the process.

There are steps to follow when filing for Chapter 7 bankruptcy in North Dakota: 

• You first must be eligible to file.
• You will also need to complete and submit a petition to the court showing that you are unable to pay off your debts in full.
• Fill out several forms and documents, such as a statement of your financial affairs, a list of creditors, and proof of credit counseling.
• Attend a meeting of creditors with the trustee appointed by the court. This meeting gives you an opportunity to explain your financial situation and answer any questions the trustee may have.

After you have successfully completed all the necessary steps and met the requirements, your debts will be discharged by a court order. This discharge ends any legal obligations you may have to pay off those debts. However, it is important to remember that certain debts are not eligible for discharge in a Chapter 7 bankruptcy, such as student loans or child support obligations.

Filing for Chapter 7 bankruptcy can offer relief by allowing you to erase most of your unsecured debt. It is important to remember that the process can be complicated and that you will need the guidance of a knowledgeable bankruptcy attorney. 

About the Chapter 7 Bankruptcy Process

If you are deemed eligible for Chapter 7, you may begin the process by filing a Chapter 7 bankruptcy petition and other related forms, which serve to clarify your financial condition, including your debts and monthly living expenses, income and earnings, nonexempt property the court-appointed bankruptcy trustee may sell to repay creditors, and exempt property that you can keep (below). You will also need to disclose any gifts, sales, or property transactions that have occurred within the last 10 years.

Once you file for bankruptcy, an “automatic stay” order will be entered, which legally prohibits creditors from collection actions against you while you are working on your bankruptcy process. 

The stay may temporarily protect you from:

• wage garnishing;
• attempting to seize your car or other property;
• foreclosure of your home.

What Debts Are Discharged in Chapter 7?

If all goes well with your bankruptcy, primarily at the stage when the bankruptcy trustee liquidates your available assets and repays creditors to their satisfaction, the bankruptcy court will discharge your remaining debts over the course of several months. 

Note that most debts will be wiped out, excluding:

• child support arrears;
• tax debts;
• student loans;
• debts incurred by fraud or malice.

North Dakota Property Exemptions with Chapter 7

While some may be anxious about the liquidation aspect of Chapter 7, there are a fair amount of cases in which most of the debtor’s property is considered exempt or simply will not garner enough money to repay creditors. 

North Dakota recognizes several categories of exempt property, such as homestead exemptions, personal property exemptions, and retirement exemptions. 

Some examples of property protected against liquidation in a North Dakota Chapter 7 case are:

• up to $100,000 of your equity in your home;
• up to $2,950 of your equity in your motor vehicle;
• up to $5,000 in clothing;
• up to $1,500 for any tools you use in your trade or profession;
• up to $100,000 in each tax-exempt retirement account;
• up to $18,450 in personal injury recoveries;
• up to 160 acres of crops if it is on your primary residence;
• public benefits (e.g., Social Security, unemployment, veterans’ disability benefits, workers’ compensation);
• health aids;
• personal items like family photos, books comprising the family library, church pews in a house of worship, etc.;
• burial plots;
• life insurance benefits;
• up to 1 year’s provisions to support your family.

Call Our Bankruptcy Lawyers in Fargo, ND at (701) 394-3215

Our Chapter 7 lawyers at The Dakota Bankruptcy Firm can help you handle every aspect of your bankruptcy case, from filing to the final debt discharge. This can feel like an overwhelming process, especially when you are preoccupied with figuring out how to stay afloat. Let our team help you obtain the debt relief you deserve through Chapter 7 and ensure you emerge on stable financial footing.

Schedule a free consultation with a Fargo Chapter 7 lawyer at The Dakota Bankruptcy Firm by calling (701) 394-3215 to get started.