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Jordan Bublick
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Miami Bankruptcy Lawyer Jordan Bublick. Over 8,000 chapter 7 and 13 cases filed. Practiced limited to bankruptcy law. Free initial consult.
Miami Bankruptcy Lawyer Jordan Bublick. Over 8,000 chapter 7 and 13 cases filed. Practiced limited to bankruptcy law. Free initial consult.

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Chapter 7 discharges debt except certain those of certain categories, such as student loan, alimony, child support, some taxes, etc. A person is allowed to keep all exempt property.

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Under section 727(a)(3) of the bankruptcy code, an individual may be denied a chapter 7 discharge if he has "concealed, destroyed, mutilated, falsified, or failed to keep or preserve any recorded information, including books, documents, records, and papers, from which the debtor's financial condition or business transactions might be ascertained, unless such act or failure to act was justified under all of the circumstances of the case."

Only an individual is entitled to a chapter 7 discharge. Corporations and  partnerships do not receive a discharge of debt in a chapter 7 case.  An individual may be denied a chapter 7 discharge upon proof of certain grounds.

Chapter 7 bankruptcy - also called "straight bankruptcy" - is often used to discharge credit card debt. Chapter 13 bankruptcy provides an opportunity for a person to propose a plan of reorganization, including the reinstatement or modification of their mortgage.

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Upon the filing of a bankruptcy case, most collection actions are stayed by the bankruptcy code's "automatic stay." Usually a suggestion of bankruptcy is filed in the state court action to notify the court.

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