DEBTOR'S RIGHTS AND DUTIES IN A CHAPTER 7 CASE

One who files a chapter 7 petition is entitled to specific rights under the bankruptcy code, they are:

The right to exempt certain property from the bankruptcy estate
The right to redeem (reclaim) selected property from liens
The right to be protected from discriminatory treatment in both private and public employment and with regard to licenses and permits
The right to have continued utility service
The right of protection from the "Automatic Stay" provision
The right to the court's counsel on the reaffirmation of selected discharge able debts
The right to the discharge of certain debts unless a complaint to their discharge is timely filed
The right to file a complaint on the discharge ability of a debt, even after the case is closed
The right to a chapter 7 discharge, unless the right is lawfully waived by the debtor, or the court denies or revokes the discharge for cause after notice and a hearing

A debtor who files a chapter 7 bankruptcy petition has specific responsibilities and they are:

They must file a list of creditors, and unless the court orders otherwise, a schedule of assets and liabilities, a schedule of current income and expenditures, and a statement of the debtor's financial affairs.

If assets are secured by property, the debtor must, within 30 days, either inform the bankruptcy court of their intention to claim such property as exempt, redeem the property (pay the lien holder the property's "cash value"), or reaffirm the debt (agree to keep it and continue installment payments) and perform such intention within 45 days after the filing of such intent.

Surrender to the trustee all property of the estate and any recorded information, including books, documents, records and papers about the estate.

Cooperate with the court, and, appear at meetings and hearings as directed.

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