ANSWERS: 1
  • Chapter 7 bankruptcy technically requires all assets to be sold to generate cash for creditors. However, states have enacted laws allowing people to keep certain assets outside of the bankruptcy.

    Considerations

    Decide what assets you want to keep and learn the type and value of assets described in the state statutes that apply to the bankruptcy petition.

    Misconceptions

    Avoid the erroneous belief that one loses everything during bankruptcy and has no ability to create credit. There should be enough exemptions in your state that you can utilize.

    Typical Assets One Can Keep

    Exemptions typically include your home, one or more cars, and some personal property (furniture, jewelry, clothing) up to state-stipulated dollar limits.

    Effects

    One must agree to pay outstanding loan balances on homes and cars to earn the exemptions. These debts cannot be discharged (eliminated) in the bankruptcy.

    Warning

    Never assume that home(s) and auto(s) are automatically protected. Check specific state regulations in the bankruptcy jurisdiction, as they can vary widely, with some offering more or less debtor protection.

    Source:

    What to Keep After Bankruptcy

    State Bankrkuptcy Exemptions

    More Information:

    Homestead Bankruptcy Exemptions

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