Washington Chapter 7 Bankruptcy Attorneys

• What is a Washington Chapter 7 bankruptcy?
• Can I qualify for WA State Chapter 7 protection?
• Need to qualify and file a Chapter 7 bankruptcy in Washington State?
• Questions about Washington State’s Chapter 7 bankruptcy laws?

Talk to a Washington Chapter 7 bankruptcy attorney now!

Filing a Washington Chapter 7 bankruptcy is like filing a Chapter 7 bankruptcy in the rest of the country for the most part. Bankruptcy is federal law so most of the basic bankruptcy process is the same all over the country. There are, however, some important differences. But the basic process of a Washington Chapter 7 bankruptcy is very similar throughout the country. It involves filing a petition with supporting documents with the bankruptcy court.

Like all Chapter 7 petitions, the documents list your property, your debts, your income and your budget, along with details of your financial situation over the past few years. As soon as you file your case, you are protected from your creditors by law. The whole Washington Chapter 7 bankruptcy process usually takes just over three months and the final order in your case is called a “discharge”, which is an injunction that prohibits creditors from trying to collect from you again.

Our Washington Chapter 7 bankruptcy attorneys are with you every step of the way.

In a Chapter 7, a trustee is appointed to administer your case. In some cases, the trustee can take some of your property to sell and pay part of your debt. Most people, however, do not have any property that can be taken to pay creditors because their property is “exempt”, which means that it is legally protected by law because it is deemed a necessity.

As part of the Washington chapter 7 bankruptcy process, you will probably only have one court date, called a meeting of creditors. This can seem intimidating. But it is generally a very quick and painless hearing so long as you have honestly disclosed all of your debts, assets, and income, which is required by law. And, one of our Washington Chapter 7 bankruptcy attorneys will be with you at the hearing to ensure that everything goes smoothly.

The meeting of creditors is a chance for the trustee to meet you and ask you a few questions under oath to make sure your bankruptcy petition is accurate and to investigate whether you have income or property to pay your debts.

How do I qualify for a Washington Chapter 7 bankruptcy?

To qualify for a Washington State Chapter 7 bankruptcy, a person must show that their household income is under the median income for our state. The standards for household income are based on household size and household income. Washington has a higher median household income than most states.

The latest median income figures are: $51,161 for a household of one, $63,930 for a household of two, $72,275 for a household of three, $82,422 for a household of four – add $7500 for any additional household member. If you have questions about whether or not you can qualify, one of our Chapter 7 bankruptcy attorneys can review your case in detail during your initial consultation.

If you make over the median income, you are subjected to a “means test”. In the means test, it is possible to show that you have no ability to pay your debts by deducting some of your actual expenses, such as your mortgage payment or taxes, and some strictly defined expenses based on the IRS standard, such as food, clothes, rent and utilities. Some of these standard deductions are based on the county in which you live.

For example, if you live in King county, a household of four can deduct $2392 per month for rent and utilities. In Kitsap county, however, you can deduct $1974. And, in Pierce the figure is $1998, for example.

Even if your means test shows that you do not use up all your income according to the means test, you may still be able to file for a Washington Chapter 7 if you can show “special circumstances” that make it impossible to pay back your debt. The means test is a complicated calculation, but one of our Washington Chapter 7 bankruptcy attorneys can review your finances in detail to assist you in determining if you can qualify under it.

Washington Chapter 7 bankruptcy and your property.

Another way bankruptcy is different in Washington from the rest of the country is the amount of property you are allowed to keep in a Chapter 7 case. In a Washington State Chapter 7 bankruptcy, you can use either federal or state laws to exempt property.

Your choice will depend on your situation and it is important that you hire an experienced bankruptcy attorney to determine the best way to protect your property in a WA Chapter 7 bankruptcy. If you have moved into Washington within two years, you may have to use the exemptions from the state in which your previously lived.

The trustee and creditors usually have about three months to object to anything in your Chapter 7 bankruptcy petition. However, sometimes a case can be reopened if it appears that something important was overlooked in your case. Reopening a case is very rare, however. Usually people who file a Washington Chapter 7 bankruptcy get a discharge after about three months and the case closes for good.

What kinds of debts are discharged in a Washington Chapter 7 bankruptcy?

The discharge applies to most debt – credit cards, payday loans, medical debt, car loan deficiencies, etc. Some of your debts, however, are not discharged and you will have to pay them after your Chapter 7 bankruptcy is completed and you have received a discharge. Some of the more common examples of non-dischargeable debts include student loans, domestic support obligations (such as back child support or alimony), back taxes and government fines.

If a creditor can prove that you committed fraud when you borrowed money, then that debt will also not be discharged in your Washington Chapter 7 bankruptcy. A creditor must, however, file a separate suit in the bankruptcy courts to have a debt declared not discharged due to fraud. And, they only have about three months to file this case.

Additionally, fraud is fairly difficult to prove, but if you know you are going to file bankruptcy, you should not use a credit card or take out any more debt because this could be proof that you incurred the debt with no intention of every paying it back.

Wondering if you can qualify for a Washington Chapter 7 bankruptcy?

Talk to a Washington Chapter 7 bankruptcy lawyer today!

The bankruptcy laws are complicated. Our job is to make them simple and straightforward with regard to your case. If you have questions about whether or not you can qualify for a Washington Chapter 7 bankruptcy, we encourage you to call our offices for an initial consultation. It may be the best call you ever make. Many of our Washington Chapter 7 bankruptcy clients are able to wipe out all of their debts while keeping all of their property.

Ever wonder what it would be like to never pay your credit card bills again? If you qualify, we can make it happen. Call today to see if you can qualify for Chapter 7 bankruptcy protection. One of our Washington Chapter 7 bankruptcy attorneys can review your case in detail and explain your legal options. After your consultation, you can then at least make informed decision about what is best for you and your family.