Contrary to what some believe, a properly formulated UV nail product will not over-cure if the nails are left under the nail lamp for a minute or two longer than directed. Also, completing a full cure after “flash curing” will not result in an over-cured product. Additionally, it is important to understand that if a nail lamp does not emit the correct wavelengths at the correct intensity, leaving nails under the lamp for a longer time will not help to achieve a higher degree of polymerization.

In order to accord the debtor complete relief, the Bankruptcy Code allows the debtor to convert a chapter 7 case to a case under chapter 11, 12, or 13 (6) as long as the debtor is eligible to be a debtor under the new chapter. However, a condition of the debtor's voluntary conversion is that the case has not previously been converted to chapter 7 from another chapter. 11 U.S.C. § 706(a). Thus, the debtor will not be permitted to convert the case repeatedly from one chapter to another.

If the debtor decides to reaffirm a debt, he or she must do so before the discharge is entered. The debtor must sign a written reaffirmation agreement and file it with the court. 11 U.S.C. § 524(c). The Bankruptcy Code requires that reaffirmation agreements contain an extensive set of disclosures described in 11 U.S.C. § 524(k). Among other things, the disclosures must advise the debtor of the amount of the debt being reaffirmed and how it is calculated and that reaffirmation means that the debtor's personal liability for that debt will not be discharged in the bankruptcy. The disclosures also require the debtor to sign and file a statement of his or her current income and expenses which shows that the balance of income paying expenses is sufficient to pay the reaffirmed debt. If the balance is not enough to pay the debt to be reaffirmed, there is a presumption of undue hardship, and the court may decide not to approve the reaffirmation agreement. Unless the debtor is represented by an attorney, the bankruptcy judge must approve the reaffirmation agreement.

Doug Schoon is an internationally-recognized research scientist, inventor, author and educator with over 30 years’ experience in the cosmetic, beauty and personal care industry. He is a leading authority known for his scientific and regulatory work and has been awarded 17 patents for innovative cosmetic products. He is president of Schoon Scientific, where he serves as an expert witness in legal cases involving cosmetics products and services and is a regular contributor to dermatology reference books, cosmetology textbooks and professional trade magazines. He frequently travels to provide scientific and technical presentations in Europe, Canada, Brazil and the Middle East and lives in Dana Point, California. For more information, visit www.schoonscientific.com.

If the debtor was represented by an attorney in connection with the reaffirmation agreement, the attorney must certify in writing that he or she advised the debtor of the legal effect and consequences of the agreement, including a default under the agreement. The attorney must also certify that the debtor was fully informed and voluntarily made the agreement and that reaffirmation of the debt will not create an undue hardship for the debtor or the debtor's dependants. 11 U.S.C. § 524(k). The Bankruptcy Code requires a reaffirmation hearing if the debtor has not been represented by an attorney during the negotiating of the agreement, or if the court disapproves the reaffirmation agreement. 11 U.S.C. § 524(d) and (m). The debtor may repay any debt voluntarily, however, whether or not a reaffirmation agreement exists. 11 U.S.C. § 524(f).

To qualify for relief under chapter 7 of the Bankruptcy Code, the debtor may be an individual, a partnership, or a corporation or other business entity. 11 U.S.C. §§ 101(41), 109(b). Subject to the means test described above for individual debtors, relief is available under chapter 7 irrespective of the amount of the debtor's debts or whether the debtor is solvent or insolvent. An individual cannot file under chapter 7 or any other chapter, however, if during the preceding 180 days a prior bankruptcy petition was dismissed due to the debtor's willful failure to appear before the court or comply with orders of the court, or the debtor voluntarily dismissed the previous case after creditors sought relief from the bankruptcy court to recover property upon which they hold liens. 11 U.S.C. §§ 109(g), 362(d) and (e). In addition, no individual may be a debtor under chapter 7 or any chapter of the Bankruptcy Code unless he or she has, within 180 days before filing, received credit counseling from an approved credit counseling agency either in an individual or group briefing. 11 U.S.C. §§ 109, 111. There are exceptions in emergency situations or where the U.S. trustee (or bankruptcy administrator) has determined that there are insufficient approved agencies to provide the required counseling. If a debt management plan is developed during required credit counseling, it must be filed with the court.

A chapter 7 case begins with the debtor filing a petition with the bankruptcy court serving the area where the individual lives or where the business debtor is organized or has its principal place of business or principal assets. (3) In addition to the petition, the debtor must also file with the court: (1) schedules of assets and liabilities; (2) a schedule of current income and expenditures; (3) a statement of financial affairs; and (4) a schedule of executory contracts and unexpired leases. Fed. R. Bankr. P. 1007(b). Debtors must also provide the assigned case trustee with a copy of the tax return or transcripts for the most recent tax year as well as tax returns filed during the case (including tax returns for prior years that had not been filed when the case began). 11 U.S.C. § 521. Individual debtors with primarily consumer debts have additional document filing requirements. They must file: a certificate of credit counseling and a copy of any debt repayment plan developed through credit counseling; evidence of payment from employers, if any, received 60 days before filing; a statement of monthly net income and any anticipated increase in income or expenses after filing; and a record of any interest the debtor has in federal or state qualified education or tuition accounts. Id. A husband and wife may file a joint petition or individual petitions. 11 U.S.C. § 302(a). Even if filing jointly, a husband and wife are subject to all the document filing requirements of individual debtors. (The Official Forms may be purchased at legal stationery stores or download. They are not available from the court.)

The obvious solution to avoid under-curing or over-curing would be for UV nail lamp manufacturers to indicate on the label the UV watts intensity at 400, 390 and 380 nm. Also, UV curing product manufacturers should provide milliwatts of 400, 390 and 380 nm required, as well as the minimum exposure time necessary to properly cure their formulas. With this information, users can ensure they are using the correct LED nail lamps to ensure proper curing of specific UV enhancements or gel polish. Unfortunately, this much-needed information is not currently provided.

Curing lamp uvnear me

The court may revoke a chapter 7 discharge on the request of the trustee, a creditor, or the U.S. trustee if the discharge was obtained through fraud by the debtor, if the debtor acquired property that is property of the estate and knowingly and fraudulently failed to report the acquisition of such property or to surrender the property to the trustee, or if the debtor (without a satisfactory explanation) makes a material misstatement or fails to provide documents or other information in connection with an audit of the debtor's case. 11 U.S.C. § 727(d).

uv/led naillampside effects

Another extremely important factor is the intensity of these wavelengths. If the intensity is too high, curing happens too quickly, creating excessive heat. Some warming is normal; however, overly rapid curing causes extreme heating during the first 30 seconds, which can cause serious burns to the nail bed (the dermal layer beneath the nail plate), causing the nail plate to separate from the nail bed (onycholysis). When this occurs, nail bed infections become more likely. When the intensity of the UV wavelengths is too low, under-curing is the result. The lower the intensity of the wavelengths, the greater the under-curing will be, thus increasing the risk of adverse skin reactions. Proper curing requires a UV nail lamp that produces the proper intensity of the wavelengths needed by the type and concentration of the photoinitiator(s) in the formulation.

The courts must charge a $245 case filing fee, a $75 miscellaneous administrative fee, and a $15 trustee surcharge. Normally, the fees must be paid to the clerk of the court upon filing. With the court's permission, however, individual debtors may pay in installments. 28 U.S.C. § 1930(a); Fed. R. Bankr. P. 1006(b); Bankruptcy Court Miscellaneous Fee Schedule, Item 8. The number of installments is limited to four, and the debtor must make the final installment no later than 120 days after filing the petition. Fed. R. Bankr. P. 1006. For cause shown, the court may extend the time of any installment, provided that the last installment is paid not later than 180 days after filing the petition. Id. The debtor may also pay the $75 administrative fee and the $15 trustee surcharge in installments. If a joint petition is filed, only one filing fee, one administrative fee, and one trustee surcharge are charged. Debtors should be aware that failure to pay these fees may result in dismissal of the case. 11 U.S.C. § 707(a).

The primary role of a chapter 7 trustee in an asset case is to liquidate the debtor's nonexempt assets in a manner that maximizes the return to the debtor's unsecured creditors. The trustee accomplishes this by selling the debtor's property if it is free and clear of liens (as long as the property is not exempt) or if it is worth more than any security interest or lien attached to the property and any exemption that the debtor holds in the property. The trustee may also attempt to recover money or property under the trustee's "avoiding powers." The trustee's avoiding powers include the power to: set aside preferential transfers made to creditors within 90 days before the petition; undo security interests and other prepetition transfers of property that were not properly perfected under nonbankruptcy law at the time of the petition; and pursue nonbankruptcy claims such as fraudulent conveyance and bulk transfer remedies available under state law. In addition, if the debtor is a business, the bankruptcy court may authorize the trustee to operate the business for a limited period of time, if such operation will benefit creditors and enhance the liquidation of the estate. 11 U.S.C. § 721.

A discharge releases individual debtors from personal liability for most debts and prevents the creditors owed those debts from taking any collection actions against the debtor. Because a chapter 7 discharge is subject to many exceptions, debtors should consult competent legal counsel before filing to discuss the scope of the discharge. Generally, excluding cases that are dismissed or converted, individual debtors receive a discharge in more than 99 percent of chapter 7 cases. In most cases, unless a party in interest files a complaint objecting to the discharge or a motion to extend the time to object, the bankruptcy court will issue a discharge order relatively early in the case – generally, 60 to 90 days after the date first set for the meeting of creditors. Fed. R. Bankr. P. 4004(c).

Find information about bankruptcy laws, including answers to some of the most frequently asked questions. These videos will give you basic information about the process, the relief it offers, and how to find the legal help you may need.

If the debtor's "current monthly income" is more than the state median, the Bankruptcy Code requires application of a "means test" to determine whether the chapter 7 filing is presumptively abusive. Abuse is presumed if the debtor's current monthly income over 5 years, net of certain statutorily allowed expenses and secured debt payments, is not less than the lesser of (i) 25% of the debtor's nonpriority unsecured debt, or $9,075, whichever is greater, or (ii)$15,150. The debtor may rebut a presumption of abuse only by a showing of special circumstances that justify additional expenses or adjustments of current monthly income.

Curing lamp uvreview

Under-curing creates lower durability, which causes cracking, breaking, lifting and loss of shine. However, the greater problem is that under-curing dramatically increases the risk of developing adverse skin reactions, such as skin irritation or allergy, in both nail professionals and clients.

Filing a petition under chapter 7 "automatically stays" (stops) most collection actions against the debtor or the debtor's property. 11 U.S.C. § 362. But filing the petition does not stay certain types of actions listed under 11 U.S.C. § 362(b), and the stay may be effective only for a short time in some situations. The stay arises by operation of law and requires no judicial action. As long as the stay is in effect, creditors generally may not initiate or continue lawsuits, wage garnishments, or even telephone calls demanding payments. The bankruptcy clerk gives notice of the bankruptcy case to all creditors whose names and addresses are provided by the debtor.

It is not wise to purchase a UV lamp based solely on the listed wattage. This common misunderstanding may lead the unwary into purchasing an unsuitable nail lamp that may not properly cure the products in use. Nail lamps’ UV intensity in milliwatts should be measured specifically at 400, 390 and 380 nm. This provides a more accurate measure for UV intensity and more meaningful, useful information.

One of the primary purposes of bankruptcy is to discharge certain debts to give an honest individual debtor a "fresh start." The debtor has no liability for discharged debts. In a chapter 7 case, however, a discharge is only available to individual debtors, not to partnerships or corporations. 11 U.S.C. § 727(a)(1). Although an individual chapter 7 case usually results in a discharge of debts, the right to a discharge is not absolute, and some types of debts are not discharged. Moreover, a bankruptcy discharge does not extinguish a lien on property.

The thickness of applied layers also is very important. The thicker the applied layer, the more difficult it will be to achieve proper curing since the upper layers will absorb most of the UV, leaving the lower layers under-cured. Two thinner layers will cure much better than one thick layer, as long as each layer is exposed to the correct intensity of the correct UV wavelengths for the time indicated in the product directions. As previously stated, my research indicates that the minimum cure time should be at least 60 seconds per layer to ensure sufficiently safe levels of polymerization.

Curing lamp uvled

Another critical factor is the length of time the UV product is under the lamp. During my many years of testing, I have never found a UV-cured product that properly cures with 30 seconds (or less) exposure for each layer… yet, I repeatedly have seen this erroneous marketing claim. Don’t be fooled! This isn’t proper curing. It is merely hardening, which occurs with 50% cure. My research indicates that proper curing cannot happen with less than 60 seconds per layer under the correct nail lamp for the specific UV-curing product.

It is my hope that, in the future, all manufacturers/distributors will provide this important information so that nail professionals can determine which lamp(s) will properly cure the UV-cured enhancements or gel polish of their choice.

Debtors should be aware that there are several alternatives to chapter 7 relief. For example, debtors who are engaged in business, including corporations, partnerships, and sole proprietorships, may prefer to remain in business and avoid liquidation. Such debtors should consider filing a petition under chapter 11 of the Bankruptcy Code. Under chapter 11, the debtor may seek an adjustment of debts, either by reducing the debt or by extending the time for repayment, or may seek a more comprehensive reorganization. Sole proprietorships may also be eligible for relief under chapter 13 of the Bankruptcy Code.

Adding excessive amounts of photoinitiator does not help. Instead, such products will easily overheat and cause painful nail bed burns and onycholysis. Testing indicates a useful technique to prevent overheating is to pull the fingernails from the nail lamp for a few seconds and then reinsert them (commonly referred to as flash curing); however, it is important to ensure each layer receives the full curing time stated in the product’s directions.

An individual receives a discharge for most of his or her debts in a chapter 7 bankruptcy case. A creditor may no longer initiate or continue any legal or other action against the debtor to collect a discharged debt. But not all of an individual's debts are discharged in chapter 7. Debts not discharged include debts for alimony and child support, certain taxes, debts for certain educational benefit overpayments or loans made or guaranteed by a governmental unit, debts for willful and malicious injury by the debtor to another entity or to the property of another entity, debts for death or personal injury caused by the debtor's operation of a motor vehicle while the debtor was intoxicated from alcohol or other substances, and debts for certain criminal restitution orders. 11 U.S.C. § 523(a). The debtor will continue to be liable for these types of debts to the extent that they are not paid in the chapter 7 case. Debts for money or property obtained by false pretenses, debts for fraud or defalcation while acting in a fiduciary capacity, and debts for willful and malicious injury by the debtor to another entity or to the property of another entity will be discharged unless a creditor timely files and prevails in an action to have such debts declared nondischargeable. 11 U.S.C. § 523(c); Fed. R. Bankr. P. 4007(c).

As a research scientist, I have studied UV curing of nail products for more than 20 years, and I’ve developed many UV curing nail products and UV nail lamps. I also have invented a unique scientific instrument designed to accurately test the curing of UV nail products under different UV nail lamps. I’ve performed testing on hundreds of different UV products using a wide variety of UV nail lamps containing either UV-emitting LEDs or CFLs (compact fluorescent tubes). Contrary to what some believe, all nail lamps emit UV, even those that use LEDs. Exposure to UV is required for curing all types of UV products, including UV-cured enhancements and gel polish. My research into these products and UV-curing lamps is ongoing; therefore, the information provided in this article reflects the present situation.

There is no such thing as a universal UV nail lamp that properly cures any UV nail product; nor are there UV-curable nail products that properly cure with any nail lamp. Those who are making these erroneous claims are contributing to the growing number of consumers and professionals developing skin irritation and persistent or permanent skin allergies that worsen over time. Fortunately, with the information and solutions presented in this article, these problems will be much easier to avoid, which will allow nail professionals to protect themselves and clients while providing safe and beautiful UV-cured enhancements and gel polish services.

UVNailLampwalmart

Dusts and filings from under-cured UV products contain significant amounts of uncured ingredients, such as monomers, oligomers or other substances. Over time, repeated exposure to these uncured substances can cause adverse skin reactions or trigger existing skin problems. Typical symptoms are redness, itching, swelling, water blisters, onycholysis, numbness, an unusual sensitivity to heat and pressure or, in extreme conditions, a total loss of the nail plate. Continued use causes the symptoms to progress and worsen. Proper curing minimizes such problems, which is why it is extremely important. There are four important factors for determining if a UV product will properly cure:

In order to complete the Official Bankruptcy Forms that make up the petition, statement of financial affairs, and schedules, the debtor must provide the following information:

Bestcuring lamp uvlight

UV nail products can be under-cured, over-cured or properly cured. The most common of these is under-curing, and it is a leading cause of skin irritation and allergy to both clients and nail professionals when they are exposed to under-cured dust/filings or while soaking products off in remover. Unfortunately, nail professionals and clients cannot determine when under-curing occurs just by looking at the nails, nor can they tell by filing them. This is because UV-cured products harden and can be filed when they are only 50% cured. The product looks and feels cured even when it has not polymerized (cured) to a safe level. After the client leaves the nail salon, the UV enhancement and/or gel polish may only cure an additional 4% to 6%, so when under curing happens, these nail services likely will remain under-cured even as the product is worn over the next few weeks.

When a chapter 7 petition is filed, the U.S. trustee (or the bankruptcy court in Alabama and North Carolina) appoints an impartial case trustee to administer the case and liquidate the debtor's nonexempt assets. 11 U.S.C. §§ 701, 704. If all the debtor's assets are exempt or subject to valid liens, the trustee will normally file a "no asset" report with the court, and there will be no distribution to unsecured creditors. Most chapter 7 cases involving individual debtors are no asset cases. But if the case appears to be an "asset" case at the outset, unsecured creditors (7) must file their claims with the court within 90 days after the first date set for the meeting of creditors. Fed. R. Bankr. P. 3002(c). A governmental unit, however, has 180 days from the date the case is filed to file a claim. 11 U.S.C. § 502(b)(9). In the typical no asset chapter 7 case, there is no need for creditors to file proofs of claim because there will be no distribution. If the trustee later recovers assets for distribution to unsecured creditors, the Bankruptcy Court will provide notice to creditors and will allow additional time to file proofs of claim. Although a secured creditor does not need to file a proof of claim in a chapter 7 case to preserve its security interest or lien, there may be other reasons to file a claim. A creditor in a chapter 7 case who has a lien on the debtor's property should consult an attorney for advice.

It is important for the debtor to cooperate with the trustee and to provide any financial records or documents that the trustee requests. The Bankruptcy Code requires the trustee to ask the debtor questions at the meeting of creditors to ensure that the debtor is aware of the potential consequences of seeking a discharge in bankruptcy such as the effect on credit history, the ability to file a petition under a different chapter, the effect of receiving a discharge, and the effect of reaffirming a debt. Some trustees provide written information on these topics at or before the meeting to ensure that the debtor is aware of this information. In order to preserve their independent judgment, bankruptcy judges are prohibited from attending the meeting of creditors. 11 U.S.C. § 341(c).

Between 21 and 40 days after the petition is filed, the case trustee (described below) will hold a meeting of creditors. If the U.S. trustee or bankruptcy administrator (5) schedules the meeting at a place that does not have regular U.S. trustee or bankruptcy administrator staffing, the meeting may be held no more than 60 days after the order for relief. Fed. R. Bankr. P. 2003(a). During this meeting, the trustee puts the debtor under oath, and both the trustee and creditors may ask questions. The debtor must attend the meeting and answer questions regarding the debtor's financial affairs and property. 11 U.S.C. § 343. If a husband and wife have filed a joint petition, they both must attend the creditors' meeting and answer questions. Within 10 days of the creditors' meeting, the U.S. trustee will report to the court whether the case should be presumed to be an abuse under the means test described in 11 U.S.C. § 704(b).

This chapter of the Bankruptcy Code provides for "liquidation" - the sale of a debtor's nonexempt property and the distribution of the proceeds to creditors.

Debtors should also be aware that out-of-court agreements with creditors or debt counseling services may provide an alternative to a bankruptcy filing.

The activation range is highly unique to each photoinitiator, much like a fingerprint is unique to each person. Once energized, the photoinitiator passes its absorbed energy to the monomers and oligomers, which causes them to chemically join in long chains of polymers in a process known as curing or polymerization This curing cycle cannot occur unless the photoinitiator is exposed to the correct UV wavelengths. If these exact wavelengths are not emitted by the nail lamp, proper curing will not occur.

LED NailLamp

UVlight for nails dangerous

Secured creditors may retain some rights to seize property securing an underlying debt even after a discharge is granted. Depending on individual circumstances, if a debtor wishes to keep certain secured property (such as an automobile), he or she may decide to "reaffirm" the debt. A reaffirmation is an agreement between the debtor and the creditor that the debtor will remain liable and will pay all or a portion of the money owed, even though the debt would otherwise be discharged in the bankruptcy. In return, the creditor promises that it will not repossess or take back the automobile or other property so long as the debtor continues to pay the debt.

LED nail lamps emit greater intensity of UV than fluorescent-style lamps, just in a much narrower range. This can drastically affect the ability of the lamp to properly cure many UV products. Therefore, some LED nail lamps cannot properly cure formulations that contain photoinitiators requiring a different range of wavelengths than these lamps emit.

UV-cured products contain specialized ingredients called photoinitiators, without which proper curing would not be possible. Typically, photoinitiators are used between 1% to 5% concentration. There are many types of photoinitiators: Most products contain only one type, but a few utilize two different types. UV-A is the form of energy that energizes and activates photoinitiators to initiate curing. There are about 80 different possible wavelengths in the UV-A range, but only some of them are useful for curing. Wavelengths of UV are so tiny they are measured in nanometers (nm), which is one-billionth of a meter/yard. Photoinitiators used in UV nail products absorb UV-A between 320 nm and 400 nm, but not all the wavelengths emitted by LED nail lamps can energize each type of photoinitiator; typically, only 10 of the 80 possible wavelengths can do so.

If the debtor's income is less than 150% of the poverty level (as defined in the Bankruptcy Code), and the debtor is unable to pay the chapter 7 fees even in installments, the court may waive the requirement that the fees be paid. 28 U.S.C. § 1930(f).

Among the schedules that an individual debtor will file is a schedule of "exempt" property. The Bankruptcy Code allows an individual debtor (4) to protect some property from the claims of creditors because it is exempt under federal bankruptcy law or under the laws of the debtor's home state. 11 U.S.C. § 522(b). Many states have taken advantage of a provision in the Bankruptcy Code that permits each state to adopt its own exemption law in place of the federal exemptions. In other jurisdictions, the individual debtor has the option of choosing between a federal package of exemptions or the exemptions available under state law. Thus, whether certain property is exempt and may be kept by the debtor is often a question of state law. The debtor should consult an attorney to determine the exemptions available in the state where the debtor lives.

In addition, individual debtors who have regular income may seek an adjustment of debts under chapter 13 of the Bankruptcy Code. A particular advantage of chapter 13 is that it provides individual debtors with an opportunity to save their homes from foreclosure by allowing them to "catch up" past due payments through a payment plan. Moreover, the court may dismiss a chapter 7 case filed by an individual whose debts are primarily consumer rather than business debts if the court finds that the granting of relief would be an abuse of chapter 7. 11 U.S.C. § 707(b).

Section 726 of the Bankruptcy Code governs the distribution of the property of the estate. Under § 726, there are six classes of claims; and each class must be paid in full before the next lower class is paid anything. The debtor is only paid if all other classes of claims have been paid in full. Accordingly, the debtor is not particularly interested in the trustee's disposition of the estate assets, except with respect to the payment of those debts which for some reason are not dischargeable in the bankruptcy case. The individual debtor's primary concerns in a chapter 7 case are to retain exempt property and to receive a discharge that covers as many debts as possible.

Commencement of a bankruptcy case creates an "estate." The estate technically becomes the temporary legal owner of all the debtor's property. It consists of all legal or equitable interests of the debtor in property as of the commencement of the case, including property owned or held by another person if the debtor has an interest in the property. Generally speaking, the debtor's creditors are paid from nonexempt property of the estate.

The grounds for denying an individual debtor a discharge in a chapter 7 case are narrow and are construed against the moving party. Among other reasons, the court may deny the debtor a discharge if it finds that the debtor: failed to keep or produce adequate books or financial records; failed to explain satisfactorily any loss of assets; committed a bankruptcy crime such as perjury; failed to obey a lawful order of the bankruptcy court; fraudulently transferred, concealed, or destroyed property that would have become property of the estate; or failed to complete an approved instructional course concerning financial management. 11 U.S.C. § 727; Fed. R. Bankr. P. 4005.

Some will be surprised to learn that the wattage of an LED nail lamp does not indicate the UV intensity. Wattage is the amount of electrical power used by the lamp, not its UV intensity (also known as irradiance). UV intensity is the amount of UV energy that hits a surface. Wattage can be used to estimate the total intensity of light emitted but includes the intensity of both visible and UV light, so it is not an accurate measurement of a nail lamp’s UV intensity.

Married individuals must gather this information for their spouse regardless of whether they are filing a joint petition, separate individual petitions, or even if only one spouse is filing. In a situation where only one spouse files, the income and expenses of the non-filing spouse are required so that the court, the trustee and creditors can evaluate the household's financial position.

A chapter 7 bankruptcy case does not involve the filing of a plan of repayment as in chapter 13. Instead, the bankruptcy trustee gathers and sells the debtor's nonexempt assets and uses the proceeds of such assets to pay holders of claims (creditors) in accordance with the provisions of the Bankruptcy Code. Part of the debtor's property may be subject to liens and mortgages that pledge the property to other creditors. In addition, the Bankruptcy Code will allow the debtor to keep certain "exempt" property; but a trustee will liquidate the debtor's remaining assets. Accordingly, potential debtors should realize that the filing of a petition under chapter 7 may result in the loss of property.

This site is maintained by the Administrative Office of the U.S. Courts on behalf of the Federal Judiciary. The purpose of this site is to provide information from and about the Judicial Branch of the U.S. Government.