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Debt Relief

About Barbara L. White

Graduated with High Distinction from Indiana University-Indianapolis in 1978, with a double major in History and Political Science. She graduated from Indiana University School of Law-Indianapolis in 1981.

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A Passion for Debt Relief


Medical Bills


Credit Cards




Other Debts

  • mortgage
  • car loans
  • furniture loans


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What Is Bankruptcy?

The United States Constitution authorized Congress to establish uniform laws on the subject of Bankruptcy. The Bankruptcy Code was enacted in 1978 and has been amended several times. Bankruptcy is a federal proceeding whereby an individual, couple, or business, files a case under a Chapter of the Bankruptcy Code. By following the requirements of the Bankruptcy Code, the end desired result is a Bankruptcy Discharge, releasing forever all dischargeable debts.

What Is The "Automatic Stay" In Bankruptcy?

Filing a Bankruptcy case imposes the “Automatic Stay” in Bankruptcy, 11 U.S.C. 362. Once the case is filed and the creditor notified, the Automatic Stay immediately stops creditors from continuing collection action such as foreclosure, repossession, or garnishment.

What Is Chapter 7 Bankruptcy?

Chapter 7 is called Liquidation, and is the only Chapter of Bankruptcy which does not involve some type of repayment plan.

To file Chapter 7, first a Petition must be prepared. The Petition requires that all property, debts, budget, and financial affairs be shown. The Financial Affairs section includes revealing all of the Petitioner’s income for the past several years, payments to creditors, sales and transfers of property, and other information. The Petition must be true and complete, and must be signed under penalty of perjury. The Petition also requires production of the last four years income tax returns.

Once the petition is filed, the case number is established, and a Trustee is appointed to administer or handle the case. The Trustee’s job is to make sure the case is appropriate, to make sure that the Petitioner is entitled to the Discharge relief, and to see if there is any money or property that can be gained from the Petitioner’s case for the benefit of creditors.

Can My Property Be Taken In Chapter 7?

Each individual is allowed to exempt or protect a certain amount of property from the reach of creditors. Only if the Petitioner’s property exceeds these limits will any property be taken by the Trustee.

The amount of debt against the property is deducted from the property value so each person is permitted to protect their “equity” in the property. In the majority of cases filed under Chapter 7, the Petitioner does not lose any property to the Court or for the benefit of creditors.

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