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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