Chapter 7 liquidation
Think of it like cleaning out a garage after a pileup: protected essentials stay, but anything extra may be sold off so the mess can finally stop controlling your life. In legal terms, Chapter 7 liquidation is a form of bankruptcy under the federal Bankruptcy Code in which a debtor asks the court to wipe out many unsecured debts. A court-appointed trustee reviews the person's property, sells any nonexempt property if there is any, and distributes the proceeds to creditors. Many people keep most or all of what they own because exemptions protect certain property. The main goal is a discharge of qualifying debts, not punishment.
A lot of bad advice makes Chapter 7 sound like "you lose everything." Usually, that is wrong. It can stop collection calls, lawsuits, wage garnishments, and other pressure through the automatic stay. But it does not erase every debt. Child support, many taxes, and most student loans usually survive, and a lien on property may survive too.
For an injury claim, timing matters. If someone files Chapter 7 while they have a pending personal injury settlement or lawsuit, that claim can become part of the bankruptcy estate. In Rhode Island, property protection depends in part on available exemptions, including those under R.I. Gen. Laws § 9-26-4. If a crash victim on an icy bridge approach or anywhere else is owed money, hiding the claim is a fast way to create bigger problems than debt.
We provide information, not legal advice. Laws change and every accident is different. An experienced attorney can evaluate your specific case at no cost.
Get help today →