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When a person files Chapter 7 bankruptcy, one thing the court will look it is whether or not the debtor made a good faith effort to repay their debt. In other words, did they honestly intend to pay back the debt and make a real effort to do so. If the court finds that a debtor has not met this requirement, they may be ineligible to file. A bankruptcy attorney can examine your situation to determine if you have met this requirement.
In the real world, this means that a person needs to make at least some payments to their creditors before they can file Chapter 7. The court will want to see that you made an effort, over a period of at least a few months, to pay down your debt. Even if you only make the minimum payments, that can be enough to show that you did, in fact, attempt to repay your debt.
This is done to prevent abuse in the bankruptcy system. For example, a person may realize that bankruptcy is on the horizon so they max out their credit cards. They may then immediately seek bankruptcy protection, hoping to receive a discharge without making a payment. The court is looking for this behavior and will reject your filing if you attempt it.
At Westbrook Law Group, we understand the requirements needed for obtaining a Chapter 7 discharge. We will carefully review the facts of your case to determine if you are eligible. If you are, we will work tirelessly to make sure that your debt problems are taken care of once and for all. If you are struggling with debt, you have options. For a free consultation to discuss your debt, contact Westbrook Law Group today for a free consultation.