Archive for January 30th, 2010

Understanding Chapter 7 Exemptions

When debts are overwhelming, there may be only one alternative, which is to file for bankruptcy. There are many people who opts for Chapter 7 Bankruptcy. This chapter involved selling all your non-exempted assets that can gives you a way to pay off all your debts. The process is fully supervised, and the authority will appoint a personnel who has the authority to liquidates the non-exempt assets of the debtor and use the sales proceeds to pay off the various creditors. Bankruptcy Chapter 7 Exemptions are assets that the courts will not touch when the bankruptcy is filed. Chapter 7 bankruptcy is usually favored by debtors but not the creditors and with the law of exemptions, a debtor could have a chance to reduce their personal liability and still get to keep some stuff.

The debtor will review the state exemption list given to the debtor and learn which property to keep. This list is found in the Federal Bankruptcy Code. The property shall be separated as exempt or non-exempt when the state trustee files a property exemption report. State exemption laws can vary from one state to another although some basic laws may be the same.

Secured debts are first paid off but if the debt is unsecured, there is a chance that the creditors may not get paid at all. The trustee is authorized to decide who gets the payment first, based on the law. Note that to enjoy the benefits of bankruptcy chapter 7 exemptions, the debtor must file the case in the state where he/she lived for at least 730 days before he/she can file for this type of bankruptcy. Or the debtor may also file the case in a state where he/she has previously lived for more than 180 days, up to 2 years.

There are also the Federal exemptions which will cover retirement benefits, death disability benefits, survivor’s benefits and miscellaneous. You should find out more about the Federal exemptions because not all the states are the same.

Yes, bankruptcy is not a good alternative and worst still, your credit score will fall because there is a bankruptcy filing. Not only you will lose most of your possessions and you need start all over again in your life. Always consider other options before you look at bankruptcy.

However, if in a worse case scenario, then remember to educate yourself about bankruptcy chapter 7 exemptions as it can help you reduce your personal loss of assets and make use of it in a way to help get back on your feet at the earliest. The Bankruptcy procedure can be hard, but once you are through, get on with life.

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