Maui Chapter 7 Bankruptcy Attorney
Offering Steadfast Representation to the Residents of Hawaii
If you’re planning on filing for Chapter 7 bankruptcy on Maui, make sure you have a trusted attorney on your side. Since 2009, The Law Office of Jean Christensen LLLC has remained committed to fighting for our clients’ rights and best interests. We understand how overwhelming extreme debt can be and are here to help you work toward financial freedom. Attorney Jean Christensen can explain your options and work with you to determine which solution is appropriate for your unique situation.
Chapter 7 bankruptcy enables debtors to wipe out their debts and get a fresh financial start. Whereas in Chapter 13, the debtor retains their assets and properties and participate in a repayment plan to cover their debts, in Chapter 7, the debtor’s assets are liquidated to cover theirs. A trustee is established to collect and sell the debtor’s non-exempt assets, pay the amount of money that is exempted to the debtor, and liquidate and distribute the remaining proceeds to the creditors.
While Chapter 7 bankruptcy is intended to provide debtors with immense financial relief, there are certain types of debt to do not qualify for discharge. These include:
- Child support
- Student loans
- Fraudulent debts
At The Law Office of Jean Christensen LLLC, our Chapter 7 bankruptcy attorney on Maui can help guide you through the bankruptcy process and provide the candid advice and steadfast support you deserve.
How Do I File For Chapter 7 Bankruptcy in Hawaii?
If you are considering filing for Chapter 7 bankruptcy in Hawaii, it is important to understand the process as well as the cost and timeframe associated with it. The first step is to seek advice from a Maui Chapter 7 attorney who can help you determine if bankruptcy is the best option for you. The attorney will also be able to provide guidance on the paperwork required to file, as well as help you understand the timeline of filing and any other necessary steps in the process. Additionally, they will be able to review your financial situation and provide recommendations on how best to manage it before and after filing for bankruptcy.
The steps for filing chapter 7 bankruptcy are as follows:
- Gather necessary financial documents
- Take a credit counseling course
- Fill out and file required paperwork
- Turn in financial documents
- Attend 341 creditor's meeting
- File course certification
- Receive debt discharge
Filing for Chapter 7 bankruptcy in Hawaii can provide relief from overwhelming debts and help you get a fresh start financially. Consulting with an experienced Maui Chapter 7 attorney can help you make an informed decision about filing for bankruptcy in Hawaii.
Is There a Debt Limit for Chapter 7?
While there is a debt limit for Chapter 13 bankruptcy, there is no ceiling on the amount of debt with which you can file for Chapter 7. Chapter 7 is available to any qualifying individual with any amount of debt. However, to qualify for this type of bankruptcy, you must pass the Hawaii Means Test for bankruptcy.
Who Is Eligible for Chapter 7?
The Hawaii Means Test for bankruptcy is a calculation designed to determine if debtors qualify for Chapter 7 bankruptcy and prevent individuals who can afford to pay back their debts from filing for bankruptcy. Your household median income must be below the median household income for the same household size in Hawaii in order to file for Chapter 7. If your income is above the median, you may still qualify for Chapter 7 if the means test calculation demonstrates that you would be left with no disposable income.
A debtor may not qualify for Chapter 7 bankruptcy if:
- They did not attend credit counseling
- They qualify for Chapter 13 bankruptcy
- They attempted to defraud creditors or the bankruptcy court
- They were discharged debt under Chapter 7 in the past eight (8) years
- They were discharged debt under Chapter 13 in the past six (6) years
Chapter 7 Exemptions in Hawaii
Debtors filing for Chapter 7 bankruptcy can opt to use the State of Hawaii bankruptcy exemptions or the federal exemptions provided in the Bankruptcy Code. However, they may not choose some state exemptions and some federal exemptions, they must use either all-state or all-federal exceptions.
There are significant differences between the two exemptions and selecting the most advantageous can be complicated. Working with a skilled Chapter 7 bankruptcy lawyer on Maui can help you to make the right choice for your unique situation. Call The Law Office of Jean Christensen LLLC to schedule a free consultation with Attorney Christensen.
What Happens After Filing Chapter 7?
After filing Chapter 7 bankruptcy in Hawaii, several key events take place. Below is what typically happens:
- Automatic stay: When you file for Chapter 7, the automatic stay is immediately effective. This stay provides immediate protection from most creditors, stopping collection actions, foreclosure proceedings, and wage garnishments.
- Meeting of creditors: You will be required to attend a meeting of creditors, also known as a 341 meeting. During this meeting, a bankruptcy trustee will review your case, ask you questions about your financial situation, and ensure that you have disclosed all your assets and debts accurately.
- Asset liquidation: In a Chapter 7 bankruptcy, some of your non-exempt assets may be sold or liquidated by the trustee to repay your creditors. However, Hawaii has its own specific exemptions that may protect certain assets from liquidation.
- Debt discharge: If everything proceeds smoothly, you will receive a discharge order from the court, typically within a few months of the meeting of creditors. The discharge eliminates your personal liability for most types of debts, providing you with a fresh start financially.
What Can You Not Do After Filing For Chapter 7?
After filing Chapter 7, there are also certain limitations and restrictions on what you cannot do. After filing, do not:
- Incur new debt without court approval: You generally cannot incur new debt without obtaining court approval during or immediately after filing Chapter 7. This restriction is in place to prevent individuals from taking on additional financial obligations that they may not be able to repay.
- Dispose of assets: You cannot dispose of any assets or property that are part of your bankruptcy estate without court approval. This includes selling, transferring, or giving away assets. The bankruptcy court has jurisdiction over your assets during the bankruptcy process.
- Hide or conceal assets: It is crucial to be completely transparent and honest about your assets during the bankruptcy process. Intentionally hiding or concealing assets from the bankruptcy court is illegal and can have severe consequences.
- Receive another Chapter 7 discharge too soon: In Hawaii, there is an 8-year waiting period between Chapter 7 discharges. This means that you cannot receive another Chapter 7 discharge until eight years have passed since your previous Chapter 7 discharge.
- Fail to comply with court requirements: It is important to comply with all court requirements and fulfill your obligations during the Chapter 7 process. This includes attending mandatory meetings, providing requested documentation, and cooperating with the bankruptcy trustee.
It is crucial to consult with a knowledgeable bankruptcy attorney in Hawaii who can provide specific guidance and advice tailored to your situation. They can ensure that you understand the post-filing restrictions and help you navigate the bankruptcy process smoothly.
If you are considering filing bankruptcy Chapter 7 in Hawaii, consulting with a Maui Chapter 7 lawyer is crucial to navigate the process effectively. At The Law Office of Jean Christensen LLLC, we offer a free consultation to discuss your options. With over 17 years of experience, we provide professional guidance and support throughout the bankruptcy journey. Our flexible payment plans and affordable rates aim to make our services accessible to clients in need.
Discover the Benefits of Chapter 7 Bankruptcy
If you find yourself drowning in overwhelming debt and struggling to make ends meet, Chapter 7 bankruptcy may provide the relief you need. By filing for Chapter 7, you can eliminate most of your unsecured debts, such as credit card bills, medical expenses, and personal loans, giving you a fresh start and a chance to rebuild your financial future.
Here are some key benefits of Chapter 7 bankruptcy:
- Debt Discharge: Chapter 7 allows for the complete discharge of qualifying debts, providing you with a clean slate and the opportunity to regain control of your finances.
- Immediate Relief: Once you file for Chapter 7, an automatic stay goes into effect, halting all collection activities, including harassing phone calls, wage garnishments, and foreclosure proceedings.
- Speedy Process: Chapter 7 bankruptcy typically takes a few months to complete, allowing you to quickly move forward with your life and start rebuilding your credit.
- Protecting Your Assets: Many individuals fear losing their assets when filing for bankruptcy, but Chapter 7 exemptions can help you keep essential belongings, such as your home, car, and personal possessions.
At The Law Office of Jean Christensen LLLC, our experienced Maui Chapter 7 bankruptcy attorney is dedicated to providing steadfast representation to residents of Hawaii. We understand the complexities of the bankruptcy process and will guide you through every step, ensuring your rights are protected and your best interests are served.
Take the first step towards financial freedom by scheduling your free consultation today. Let us help you find relief from overwhelming debt and start your journey towards a brighter financial future.
Start Your Financial Recovery Today!
Attorney Jean Christensen is deeply familiar with the customs and practices of the United States Bankruptcy Court for the District of Hawaii. She has extensive experience with all types of bankruptcy cases, including Chapter 7 and Chapter 13, and is here to put a stop to creditor harassment as you work toward financial freedom.
Choose Attorney Jean Christensen because:
- She clerked for two years for the chief judge of the U.S. Bankruptcy Court for the District of Hawaii
- She has served as the director of the Hawaii Bankruptcy Bar Association
- She is a frequent presenter on consumer bankruptcy topics at seminars and conferences
- She works directly with her clients from the initial consultation until the closing of their case
When you work with us, we will explain the specific details of filing Chapter 7 bankruptcy in Hawaii and help you achieve a fresh financial start. Attorney Christensen can provide assistance every step of the way from your 341 meeting to rebuilding credit after your bankruptcy. Contact us to request a free initial consultation and take the first step to work toward a brighter financial future.
"I wanted to thank you again for everything you have done for us, we are truly blessed to have you in our lives."E. G.
"You are so together in every aspect of my case. And, you have others to help and guide too!!! We are all blessed by who you are!"L. R.
"She's very down to earth, my spouse went through the process very smoothly no stress."Former Client
"She is very easy to work with. She goes over everything and is very responsive. I can tell that she is very caring and dedicated to help people."Former Client