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Disadvantages to a Chapter 7 Bankruptcy: If you want to keep a secured asset, such as a car or home, and it is not completely covered by your bankruptcy exemptions then Chapter 7 is not an option. The automatic stay created by filing Chapter 7 Bankruptcy only serves as a temporary defense against foreclosure.
When you file for Chapter 7 bankruptcy, you will have to complete a form called the Statement of Intention for Individuals Filing Under Chapter 7. On this form, you tell the court whether you want to keep your secured and leased property?such as your car, boat, or home?or let it go back to the creditor.
Disadvantages to a Chapter 7 Bankruptcy: The Trustee will sell any non-exempt property you own. ... The automatic stay created by filing Chapter 7 Bankruptcy only serves as a temporary defense against foreclosure. Co-signors of a loan can be stuck with your debt unless they also file for bankruptcy protection.
Filing for Chapter 7 bankruptcy will wipe out your mortgage obligation. Still, if you aren't willing to pay the mortgage, you'll have to give up the home because your lender's right to foreclose doesn't go away when you file for Chapter 7.
That being said, here's what you're not allowed to do with a Chapter 7: Lie under oath about your financial or property assets. Keep property that must be used to discharge your debts. Miss payments to certain creditors in order to keep your home.
A Chapter 7 bankruptcy wipes out mortgages, car loans, and other secured debts. But if you don't continue to pay as agreed, the lender will take back the home, car, or other collateralized property using the lender's lien rights.
The consequences of a Chapter 7 bankruptcy are significant: you will likely lose property, and the negative bankruptcy information will remain on your credit report for ten years after the filing date.
Filing Chapter 7 bankruptcy in Florida includes the following steps: Determine if bankruptcy is the best option. ... Evaluate applicable exemptions. ... Prepare the bankruptcy petition. ... Automatic stay. ... Assignment to a Chapter 7 trustee. ... Objection to exemptions. ... Adversary claims. ... Bankruptcy discharge.