How does the filing of a chapter 7 case affect collection and other legal proceedings that have been filed against the debtor in other courts?

The filing of a chapter 7 case automatically stops all collection and other legal proceedings pending against the debtor, except for criminal proceedings and actions to collect alimony, maintenance, or support from exempt property or property acquired by the debtor after the chapter 7 case was filed. Any creditor who intentionally violates the automatic stay may be held in contempt of court and may be liable to the debtor in damages.

Can I file under chapter 7 if my debts are being administered by a financial counselor?

Yes. A financial counselor has no legal right to prevent anyone from filing under chapter 7.

Does a person lose any legal or civil rights by filing under chapter 7?

No. Filing under chapter 7 is not a criminal proceeding, and a person does not lose any civil or constitutional rights by filing.

Does a person lose all of their property by filing under chapter 7?

Usually not. In most cases, there are "exemption laws" which provide that a debtor may keep certain property, unless it is encumbered by a valid mortgage or lien. You are, within value limits, usually allowed to retain your unencumbered (or unsecured) exempt property in a chapter 7 case. You may also be allowed to retain certain encumbered (or secured) exempt property.






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