Why Bankruptcy Chapter Seven Exemption

By John Parker


If you have too much debts, there may be only one alternative, which is to file for bankruptcy. Many people prefer Chapter 7 Bankruptcy. This chapter involved selling all your non-exempted assets which should gives you a way to pay off all your debts. As this is a supervised procedure, the court will appoint a a person known as a trustee to sell all the non-exempt assets owned by the debtor and distributes between the creditors. Bankruptcy chapter 7 exemptions means that there are assets that the creditors cannot touch when chapter 7 bankruptcy is filed. It is true that chapter 7 tend to help the debtors more and with with the exemptions in place, you could have a chance to reduce their personal liability and will be able to keep some of their belongings.

In this exemption 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 divided as exempt or non-exempt once the trustee files a property exemption report. The exemptions are not across the board and the law can be very different in some states, but the basic laws should remain unchanged.

Debts that are classified as secured debts will be paid first. As for debts that are unsecured, there may be a situation that the creditors may not get the full payment. The trustee will pay the right creditors in the right amount. One thing to note, if you want to file bankruptcy chapter 7 exemptions, the defaulter 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. Alternatively, the debtor may also file the case in a state where he/she has spent most of the 180 period prior to the 2-year period.

Federal exemptions may also be provided including retirement benefits, death disability benefits, survivor's benefits and miscellaneous. Take note that not all the benefits are available in all states.

Yes, bankruptcy is not a good alternative and worst still, your credit score may take a major hit because of a filing of bankruptcy. Not only you will lose all your personal belongings and you need to start your business all over again from nothing. Remember, bankruptcy should always be your last alternative.

Of course, if you are left with no alternatives, then remember to educate yourself about bankruptcy chapter 7 exemptions as your personal loss can be reduced to a minimum, and make use of it in a way to help get back on your feet at the earliest.




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