Can I file a Chapter 7 bankruptcy to delay a creditor?
No. Rule 9001 of the Rules of Bankruptcy Procedures requires you or your attorney to certify that the bankruptcy is not filed for any improper purpose such as to harass or to cause unnecessary delay. A Chapter 7 bankruptcy is supposed to give you a fresh start, not a head start. You should not file a bankruptcy petition if the sole purpose is to delay a creditor’s actions. How do I know if I should be thinking about a Chapter 7? What are the indications? You file for a Chapter 7 bankruptcy if • you have no disposable income with which to feasibly re-organize (that is, you have nothing left at the end of the month after paying ordinary expenses such as rent, utilities, food, and insurance) • you are not going to lose any property that is important to you • you will receive a discharge on substantially all of your debts • you do not expect to have recurring unpaid or un-reimbursed bills in the future • you are current on your secured debts • you have not been in a previous Chapter 7 with
