Chapter 7 Bankruptcy in Hawaii
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In return, the debtor receives a chapter 7 discharge, if he or she pays the filing fee, is eligible for the discharge, and obeys the orders and rules of the bankruptcy court.
What is a chapter 7 discharge?
It is a court order releasing a debtor from all of his or her dischargeable debts and ordering the creditors not to attempt to collect them from the debtor. A debt that is discharged is a debt that the debtor is released from and does not have to pay.
How does a person obtain a chapter 7 discharge?
A chapter 7 discharge is obtained by filing and maintaining a chapter 7 bankruptcy case and is being eligible for a chapter 7 discharge. However, not all debts are discharged by a chapter 7 discharge. Certain types of debts are by law not dischargeable under chapter 7 and debts of this type will not be discharged even if the debtor receives a chapter 7 discharge
Who is permitted to file and maintain a chapter 7 case?
Any person who resides in, does business in, or has property in the United States is permitted to file a chapter 7 bankruptcy case except a person who has intentionally dismissed a prior bankruptcy case within the last 180 days. To be permitted a chapter 7 bankruptcy case a person must qualify for chapter 7 relief under a process called means testing.
What is a presumption of abuse and how does it affect the case?
When a chapter 7 case is filed by an ineligible person, under bankruptcy terminology that person is said to have abused the chapter 7 laws. When a person whose current monthly disposable income is such that he or she can afford to make monthly payments to unsecured creditors in the required amount, a presumption of abuse is said to arise in the case. If a presumption of abuse arises in a case, the case will be dismissed or converted to chapter 13 unless the person filing the case can prove the existence of special circumstances, such a a serious medical condition.
Who is eligible for a chapter 7 discharge?
Any person who is qualified to file and maintain a chapter 7 case is eligible for a chapter 7 discharge except the following (see 11 U.S.C & 727):
1) A person who has been granted a discharge in a chapter 7 case that was filed within the last 8 years.
2) A person who has been granted a discharge in a chapter 13 case that was filed within the last 6 years, unless 70 percent or more of the debtor's unsecured claims were paid off in the chapter 13 case.
3) A person who files and obtain court approval of a written waiver of a discharge in the chapter 7 case.
4) A person who conceals, transfers, or destroys his or her property with the intent to defraud his or her creditors or the trustee in the chapter 7 case.
5) A person who makes false statements or claims in the chapter 7 case, or who withholds recorded information from the trustee.
6) A person who makes false statements or claims in the chapter 7 case, or who withholds recorded information from the trustee.
7) A person who fails to satisfactorily explain any loss or deficiency of his or her assets.
8) A person who refuses to answer questions or obey orders of the bankruptcy court, either in his or her bankruptcy case in the bankruptcy case of a relative, business associate, or corporation with which he or she is associated.
9) A person who, after filing the case, fails to complete an instructional course on personal financial management.
10) A person who has been convicted of bankruptcy fraud or who owes a debt arising from a securities law violation.
What types of debts are not dischargeable in a chapter 7 case?
All debts of any type or amount, including out-of-state debts, are dischargeable in a chapter 7 case except for the types of debts that are by law nondischargeable in a chapter 7 case. The following is a list of the most common types of debts that are not dischargeable in a chapter 7 case:
1) Most tax debts and debts that were incurred to pay nondischargeable federal tax debts.
2) Debts for obtaining money, property, services, or credit by means of false pretenses, fraud, or a false financial statement, if the creditor files a complaint in the bankruptcy case.
3) Debts not listed on the debtor's chapter 7 forms, unless the creditor knew of the bankruptcy case in time to file a claim.
4) Debts for fraud, embezzlement, or larceny, if the creditor files a complaint in the bankruptcy case.
5) Debts for domestic support obligations, which include debts for alimony, maintenance, or support, and certain other divorce-related debts, including property settlement debts.
6) Debts for intentional or malicious injury to the person or property of another, if the creditor files a complaint in the bankruptcy case.
7) Debts for certain fines or penalties.
8) Debts for most educational benefits and student loans, unless a court finds that are not discharging the debt would ilmpose an undue hardship on the debtor and his or her dependents.
9) Debts for personal injury or death caused by the debtor's operation of a motor vehicle, vessel or aircraft while intoxicated.
10) Debts that were or could have been listed in a previous bankruptcy case of the debtor in which the debtor did not receive a discharge.
Your Path to Financial Freedom: The Chapter 7 Bankruptcy Process
Filing for Chapter 7 bankruptcy in Honolulu, HI, doesn’t have to be overwhelming. At Greg Dunn Bankruptcy and Debt Relief Attorney, we walk you through every stage with clarity and confidence:
• Step 1: Initial Consultation
Meet with Greg Dunn to review your financial situation, determine eligibility for Chapter 7 bankruptcy, and get answers to all your questions—confidential and judgment-free.
• Step 2: Document Gathering
We’ll help you collect necessary documents, including income records, debts, assets, and recent tax filings, to build a strong case.
• Step 3: Petition Filing
Your official Chapter 7 bankruptcy petition is filed with the Honolulu court. This step triggers an automatic stay, stopping creditors from contacting you or pursuing collections.
• Step 4: Trustee Appointment
A bankruptcy trustee is assigned to oversee your case. Greg Dunn handles all communication and preparation, so you never feel alone.
• Step 5: 341 Meeting of Creditors
You’ll attend a short, straightforward meeting (often under 10 minutes) where the trustee may ask simple questions. Greg will prepare you thoroughly.
• Step 6: Debt Discharge
Typically, within 3 to 6 months, qualifying debts such as credit card balances, medical bills, and personal loans are discharged, giving you a clean slate.
• Step 7: Fresh Start
With your debts wiped out, you can start rebuilding your financial future with confidence and peace of mind.
Debt-Free Living Starts Here: What Chapter 7 Can Do for You
When you choose Chapter 7 bankruptcy in Honolulu, HI, you’re choosing more than just debt relief—you’re reclaiming your life. Here’s what you can expect when you work with Greg Dunn Bankruptcy and Debt Relief Attorney:
• Immediate Relief From Creditor Harassment
Once your case is filed, wage garnishments, lawsuits, and collection calls stop cold. No more stress every time the phone rings.
• Discharge of Most Unsecured Debts
Say goodbye to overwhelming credit card debt, medical bills, and payday loans. Chapter 7 bankruptcy allows you to eliminate these burdens for good.
• Keep Exempt Property
Most clients can keep essential assets like their home, car, and retirement accounts—Hawai‘i exemptions work in your favor.
• No Repayment Plan
Unlike Chapter 13, Chapter 7 bankruptcy in Honolulu, HI, doesn’t require monthly payments. You get your discharge and move forward.
• Credit Rebuilding Opportunities
With a clear path forward, you can begin rebuilding your credit with the right strategies and guidance from our team.
• Peace of Mind
When you stop drowning in debt, you start living again—with less stress, more clarity, and new possibilities.
Ready to get started? Contact Greg Dunn Bankruptcy and Debt Relief Attorney, today for a free consultation and take the first step toward lasting financial freedom with Chapter 7 bankruptcy in Honolulu, HI. Call us now or visit our website to book your appointment.
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