At Foley Freeman, PLLC, our Boise Chapter 7 bankruptcy attorney has the experience that you can trust when it matters most. We invest time, resources, and attention to detail into each and every case. Many people run into serious financial challenges. Chapter 7 may be the best path for finding a solution for the long term. If you have any questions or concerns about the Chapter 7 bankruptcy process, we are here to help. Non-judgmental guidance and support are available. Contact our Boise bankruptcy lawyer today for a fully confidential, no obligation initial case review. 

What is Chapter 7 Bankruptcy?

A Chapter 7 bankruptcy is a liquidation bankruptcy. The process is designed for people who cannot realistically repay unsecured debts, including things like credit cards, medical bills, or personal loans. A trustee is appointed to gather and sell non-exempt assets. The proceeds (if there are any, which is not always the case) will then be distributed to creditors in an orderly manner. 

Notably, Idaho law allows debtors to protect certain property through state exemptions, including a homestead, one vehicle, and many common household goods. For that reason, most Chapter 7 bankruptcy cases in Boise result in little or no asset liquidation because exemptions protect the bulk of personal property. The process can lead to a true financial fresh start. 

An Overview of Eligibility Requirements for Chapter 7 in Idaho

Here is a challenge: Not everyone who is struggling financially in Boise or elsewhere in Ada County can file for Chapter 7 bankruptcy protection. The most important requirement is the means test. Here is a general overview of how it works: 

  • Chapter 7 Means Test: The test compares the household income of the bankruptcy filer to the Idaho median for a family of that size. If income is above the median, allowable expenses are deducted to determine whether there is enough disposable income to repay debts. If a person’s income is too high after adjustments are made, they cannot use Chapter 7. 

Note: Chapter 7 bankruptcy filers must complete a credit counseling course from an approved provider within 180 days before filing. 

Know How the Chapter 7 Bankruptcy Process Works in Idaho

The Chapter 7 bankruptcy process begins with filing a petition, schedules of assets and liabilities, and statements of income and expenses with the United States Bankruptcy Court for the District of Idaho. There is a division of the court in Boise. Once the petition is filed, an automatic stay will be put in place, and it will immediately halt collection efforts, foreclosure, and wage garnishments. 

A trustee is appointed to review documents and hold a meeting of creditors (the “341 meeting”), where the debtor answers questions under oath. If there are non-exempt assets, the trustee liquidates them and distributes proceeds to creditors according to federal priority rules. Most Chapter 7 cases in Idaho last for somewhere between four months and six months. 

How Our Boise, ID Business Bankruptcy Lawyers Can Help

Chapter 7 bankruptcy cases are complicated. It is normal to feel stressed out, even overwhelmed. At Foley Freeman, PLLC, we put clients first. You can learn more about the firm and reach out to us with specific questions about your financial situation. Among other things, our Boise Chapter 7 bankruptcy lawyers will: 

  • Listen to your story and answer questions about Chapter 7 bankruptcy; 
  • Help you gather and prepare all supporting financial records; 
  • Handle all of the Chapter 7 bankruptcy paperwork; and
  • Develop a personalized strategy focused on getting you the best results. 

Chapter 7 in Boise: Frequently Asked Questions (FAQs) 

Will I lose everything if I file Chapter 7 in Boise?

No, probably not. In fact, Idaho exemptions protect much of your property. The homestead exemption shields up to $175,000 in home equity. Further, other exemptions cover vehicles and household goods. You may not lose any assets at all. 

What debts are wiped out in Chapter 7?

Most unsecured debts, such as credit cards and medical bills, are discharged. Certain debts like child support, student loans, and recent taxes remain. A Boise Chapter 7 bankruptcy lawyer can help you get everything sorted out. 

Do I have to go to court for Chapter 7 in Idaho?

You usually do not appear before a judge. Most debtors only attend the § 341 meeting of creditors run by the trustee. A court hearing is required only if disputes arise.

Contact Our Boise, ID Chapter 7 Bankruptcy Lawyer Today

At Foley Freeman, PLLC, our Boise personal bankruptcy attorney has the skills and experience to handle Chapter 7 bankruptcy cases. It is our mission to help you find the best path forward. If you have any specific questions or concerns about Chapter 7 bankruptcy, please do not hesitate to contact us today for a completely confidential, no obligation initial appointment. We provide Chapter 7 bankruptcy representation in Boise, Ada County, and all across the region.