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Chapter 7: Getting a Discharge

June 8, 2011

The primary purpose of Chapter 7 Bankruptcy is to enable the debtor to get a fresh start by discharging most ( if not all) of his/her debts.  A discharge in bankruptcy is a privilege, however, not a right.  The United States Trustee reviews every Chapter 7 Petition that is filed to ensure that the debtor is not abusing the bankruptcy system.  If the Chapter 7 Petition, Statements and Schedules show that a debtor can pay a significant percentage of his/her debts, the United States Trustee will file a motion to dismiss the bankruptcy.  Even if a debtor “passes” the Means Test Calculation, receiving a discharge is not an automatic event.  The Means Test is just one factor in determining whether a person is eligible to be a Chapter 7 debtor.  Eligibility alone does not guarantee a discharge.

Patricia Beary will not accept your case unless she is certain that you will be able to receive a discharge.  Of course, this assumes that you have made all required disclosures and the information you have provided to Attorney Beary is true.  Nevertheless, if the United States Trustee does file a motion to dismiss your case, Attorney Beary will defend that motion at no additional charge.

Patricia Beary has practiced for nearly 30 years in the federal courts handling bankruptcy matters.  All of Attorney Beary’s clients who have filed Chapter 7 bankruptcies received their discharges in Chapter 7.  No motions to dismiss or to convert to Chapter 13 have ever been filed by the United States Trustee against any of Attorney Beary’s clients.

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Welcome to Beary Law PLC

Welcome to Beary Law PLC where you will find a rare combination of expertise in tax and bankruptcy law as well as substantial litigation experience. The scope of Patricia Beary's experience in federal practice for over 25 years distinguishes her from other attorneys.
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Real Results

Ms. Beary's expertise has led to the removal of liens and levies in the amount of $110,000 and a reduction of the tax liability to zero. In bankruptcy, Ms. Beary successfully represented the debtor/defendant in a suit filed by a subsidiary of Fidelity Financial objecting to discharge of an assessed debt in excess of $600,000. After contentious pre-trial litigation, plaintiff dismissed its complaint against Ms. Beary’s client. Currently, Ms. Beary is negotiating a settlement of a tax liability of approximately $6 million. She has also filed a petition in tax court where the disputed liability is approximately $600,000.
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Firm Profile

With a focus on federal tax issues and taxpayers in bankruptcy, Attorney Beary, a former IRS trial attorney and Assistant United States Trustee, has tried cases in the U.S. Tax Court in Arizona and in the U.S. Bankruptcy Court in the District of Arizona, District of Connecticut, and Central District of California. Her experience includes appeals of federal tax and bankruptcy decisions, as well as resolving tax debt by payment plans and offers in compromise.
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