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Chapter 7: The Case Trustee, Claims, and the Bankruptcy Estate
Distribution of Estate Property
The Bankruptcy Code governs the distribution of the property of the estate. Under the Code, 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.
From the Administrative Office of the U.S. Courts
FAQs
- Are there advantages to filing under Chapter 7?
- What debts will not be eliminated if I file for Chapter 7?
- So if the value of my house is more than the exempt value, will I lose it? What exactly does the above list mean?
- What about if I decide the trustee or creditor is right and I want to change my Chapter 7 bankruptcy. Can we just agree to do it?
- Do exemptions vary much between states?
Bankruptcy and Debt Resources
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