3+ Decades Experience in Bankruptcy

Chapter 7 Bankruptcy Law Firm

Our firm will guide you through every step of the Chapter 7 bankruptcy process, from determining your eligibility to preparing and filing your bankruptcy petition. We will help you understand the exemptions available and advise you on how to best protect your assets.

Trusted Chapter 7 Bankruptcy Attorneys

The Legal Process

Bring in financial information:

  • Paystubs
  • Bank statements
  • Tax returns
  • Billing statements
  • Vehicle titles
  • Any other relevant legal paperwork

Guide to Chapter 7

Per the Bankruptcy Code, filers must take a credit counseling course before a petition can be filed. You may complete this course over the phone or online.

Once all of your information has been submitted, you have retained your lawyer and your course has been completed, your attorneys will begin drafting your petition.

After checking for inaccuracies, clients will then sign and date the petition. Upon filing, the Automatic Stay is in place, and your bankruptcy protection kicks in.

Per the Bankruptcy Code, filers must take a financial management course, commonly referred to as the “post-filing” course.You may complete this course on your own time.

Also typically known as a “341 Meeting,” the Bankruptcy Trustee will ask the bankruptcy debtor questions to ensure the bankruptcy Petition was prepared properly, and accurately describes the debtor’s assets, income, debts, and expenses.

Typically, the conclusion of the Meeting of Creditors marks the end of an active bankruptcy process. Clients can expect to receive their Discharge of Debts within about 8-10 weeks after meeting with the Trustee.

Frequently Asked Questions

How long does a Chapter 7 take?

The chapter 7 process generally takes about 4 months from the date of filing to the date the Court issues a discharge of debts.​ Once the petition is filed with the Court, the automatic stay- the bankruptcy protection – kicks in and most creditors can no longer take action to collect debts.

Do I qualify for Chapter 7?

Whether you qualify for chapter 7 depends on a few things. Have previously filed a chapter 7 petition within 8 years? Does your income “pass” the means test? The means test is a complicated formula that is based on your income from the previous 6 months, followed by another formula to assess your eligibility.

Can Chapter 7 bankruptcy stop eviction?

Chapter 7 bankruptcy can stop evictions on a case by case basis. If you file for bankruptcy protection before the landlord obtains a judgment or eviction order, the bankruptcy “stay” will stop the eviction. If the landlord already has the warrant, the bankruptcy stay does not stop the eviction.

Can I keep my house in a Chapter 7?

Yes. Depending on a few factors, it’s likely that you will be able to keep your house in a chapter 7 bankruptcy. As long as the value of your house is less than the balance of any mortgage loan and the amount of the homestead exemption. However, you can still file bankruptcy and keep your home even if there is equity. Chapter 13 allows you to keep your assets and reorganize your debt.

What debts are discharged in a Chapter 7?

Most debts are dischargeable in bankruptcy. However, some debts that are not dischargeable include student loans, certain taxes, domestic support obligations and debts obtained by fraud.

Get the fresh start you deserve

Barbaruolo Law Firm Testimonials

My wife and myself needed a Law firm we could trust. A lawyer that had experience, and knowledge. And one that would treat us like family, not just another client. We found all of those attributes. Who you ask, her name is Paula Barbaruolo. Paula and her team are by far the best. She answered all of our questions, addressed all of our concerns. When you step in the door of her office, you automatically feel comfortable. Her attention to detail, is second to none. When she tells you she's going to accomplish the reasons you came there for, she does just that. There's never any stress when you're there, or when you leave. I can't emphasize enough to each and every person that needs a top-notch Lawyer, don't hesitate, contact Paula. I promise you, it will be the best phone call you will ever make. On a scale from one to ten, I give Paula and her team a twelve.

[redacted] Client

I recently had the pleasure of working with Mrs. Barbaruolo. I found her to be honest, fair, competent, sharp and creative. She was also very human and caring. She solved my legal issues in a very timely manner and was very fair in her pricing. If you are needing a bankruptcy lawyer, look no further… Paula Barbaruolo is the right lawyer for the job!! I HIGHLY recommend her!!

[redacted] Client

I cannot thank you enough for everything you have done for me. I am your biggest fan! You are simply amazing and oh how I wish I started this whole process with you from the beginning. ​It would have saved me many tears and sleepless nights.

[redacted] Client

When I got into trouble with credit cards, I went to Barbaruolo Law Firm for help. When I thought I couldn't do anything, Paula helped me come up with a plan that was great for me. Without getting into details, I had some trouble in my payback period and Paula and her team went to bat for me and helped me beyond my imagination. I would HIGHLY RECOMMEND this law firm! They truly care.

[redacted] Client

I’ve got nothing more to say than professionalism for this firm. Every aspect of my case was fully explained to me in detail and there were never any surprises. Communication is excellent, especially when I would receive mail and have questions regarding the content. Paula and her team are outstanding!

[redacted] Client

Located in Albany, NY

Where to Find Us

Our offices are located centrally to the Capital Region of New York in Latham, minutes from the Albany Airport.

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