I'm sorry to hear this; unfortunately sometimes bankruptcy is the only option when one experiences a series of tragic events. Chapter 7
is the chapter that is known as the fresh start bankruptcy: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.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 process is started by filing a petition in the bankruptcy court - here is the way to locate the court near you:http://www.uscourts.gov/court-locator The local Veterans office may have military attorneys that will assist in the preparation of the bankruptcy documents; if not, one can use self help and prepare the documents themselves; if so, it is best to get a comprehensive book so that one is familiar with all of the steps/procedures. This site explains the process, and has links to the forms required. Please see the bottom of this link for 2 possible links that offer low cost/free legal assistance:http://www.uscourts.gov/services-forms/bankruptcy All needed forms can be found here:http://www.uscourts.gov/forms/bankruptcy-forms Further questions? Please post here to continue the chat. Satisfied? Kindly rate positively so I receive credit for assisting you.(no additional charges are incurred). Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.