What are bankruptcy assets?
Wednesday, February 4th, 2009Despite the fear and misconceptions surrounding bankruptcy, many people find it to be a legitimate way of getting rid of their debts. Still, many people wonder about what will become of their assets if they declare bankruptcy. This concern is quite understandable, so we need to understand the basic forms of bankruptcy.
The most common form of bankruptcy is known as chapter seven bankruptcy, which is designed to completely do away with your debt problem. The disadvantage of this kind of bankruptcy is that you’ll have to give up some of your assets (if you have any) to help pay your obligations.
In contrast, chapter 13 bankruptcy creates a repayment plan which you follow for about 3 to 5 years. Chapter 13 doesn’t get rid of your debt, but neither does it require you to liquidate your assets.
So, if are trying to get rid of your debt completely, then chapter seven would be the way to go. The problem is that you may have to sell off some of your assets in order to help pay for the debts that you owe. This is called liquidation, and it is a part of chapter seven bankruptcy.
Now, you probably don’t have all that many assets if you’ve reached the point of filing for bankruptcy. It’s no surprise that most chapter seven bankruptcy cases are considered no asset cases, which means that the consumer doesn’t have anything worthwhile to sell.
That brings us to a question of the two principle assets that most people are concerned with: their house and their car. In most states, there is a homestead exemption which helps to protect the family’s a house from creditors. However, the specifics depend on many factors including the state in which you reside, as well as a value of your house and how much you owe.
As we stated above, there are many details to be worked out, which is why it is so important for you to find a bankruptcy lawyer to help you through the process. Otherwise, you’re unlikely to be able to navigate all of the legal jargon and reach your goal of debt relief.
However, it helps to learn as much as possible before speaking with your lawyer. You should continue to learn about your options with regards to bankruptcy from articles like this one.