March 31, 2009

What is Exempt Property?

Once a debtor has qualified to file Chapter 13 or Chapter 7 bankruptcy under the new bankruptcy laws, his or her property and assets fall under the supervision of the bankruptcy court.  At the time of filing, Erie bankruptcy lawyers will classify your property as exempt or non exempt.  The “exempt” status of an asset signifies that the debtor can keep that asset.
Exempt property is defined differently from state to state, but generally it is property that cannot be taken by creditors or the bankruptcy court.    Erie bankruptcy lawyers will know these statues for Pennsylvania.  Most states exempt such things as health aids, like contact lenses and walkers.  Items of a personal nature, such as toothbrushes and hair dryers, are considered “personal effects” and are considered exempt in most states.  Ordinary furniture and clothing is usually considered exempt without the court attaching a value.
States can also set limits on the amounts of exempt property that can be claimed.  For example, the value of clothing, furniture or a car is exempt up to a set limit.  Any equity in these assets over that limit is considered nonexempt and the court can ask that this equity be made available to creditors in cash.
In most states, the following assets are typically considered exempt:
•    Unpaid wages
•    Some of the equity in a residence.
•    Some of the equity in a vehicle.
•    Life insurance value
•    Tools of a trade or profession, usually up to a set limit
•    Reasonable necessary clothing
•    Reasonably necessary furniture
•    Household appliances
•    Jewelry, up to a set limit (usually a few hundred dollars)
•    Pensions
•    Public benefits
By the time a debtor reaches the point of filing bankruptcy, especially Chapter 7, most of their assets are either exempt or worthless to the court.  In this case, even though property may be nonexempt, the trustee may elect to “abandon” the property, meaning that the debtor may keep it, unless is it collateral for a debt.  Also, if property is determined by the trustee to be too cumbersome to sell, the trustee may abandon this property as well.  Erie, PA bankruptcy lawyers can offer further advice if needed.

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March 30, 2009

Here Are Characteristics You’ll Discover at All Reputable UK Bankruptcy Auctions

a target=”_blank” href=”http://www.governmentauctionsuk.com/bankruptcy-auctions-uk.php”>UK Bankruptcy Auctions can be great outings to find great deals of all types. From autos to antiques and collectibles, a UK bankruptcy auction can be the source of many excellent discoveries. But the auction is only as good as the auction house or auctioneer that runs it. So, here’s some information to help you decide if the entity or person holding the auction is reputable.

When It Comes to Bankruptcy Auctions, Valuation Is A Significant Part of the Process

Whether it’s a private or government auction, the company or person who holds it should be skilled in appraisal. This means that they’re able to establish fair prices or reserves (minimum submissions) for the items being offered in an auction, in spite of what kind of auction it is, such as, an auto auction or business bankruptcy auction. If someone is putting everything they or a company had owned in an auction, it’s referred to as a “turnkey” auction.

Bankruptcy Auctions UK : A Few More Facets of a Bankruptcy Auction

The reasons for conducting a bankruptcy liquidation auction are countless. One reason could be that someone is reducing inventory, remodeling, or perhaps scaling back costs. So, the auction house should be experienced in a wide scope of industries, demonstrating that it has the proficiency to conclude the proper worth of everything from computers to office equipment to heavy machinery to retail store fixtures. Given the close connection between sellers and bidders, each party should gain as a result of the auction. On the practical side, the firm that holds the auction should carry sufficient indemnity insurance and liability insurance. They’ll also want to work with thorough bankers who will see that winners get money on time. Also, whilst it’s traditional for a commission and/or fee to be charged, it should be reasonable. For the most part, these fees will be nominal portions of your sales earnings.

Bankruptcy Auctions : A competent auction house is a major component of UK bankruptcy auctions and should be chosen with great forethought and consideration.

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March 28, 2009

Bankruptcy Filer Profiles

For a country that saw approximately two million of its citizens file for bankruptcy in only one calendar year, Arizona lawyers are trained to be able to recognize and identify trends that could signify a future bankruptcy filing.
By studying the profiles of past bankruptcy filers, bankruptcy lawyers from Arizona can make educated predictions on the types of people who will file in the future. This can help Arizona bankruptcy lawyers when it comes to being able to advise their clients.
According to recent studies of demographic information of United States bankruptcy filers, the average age of filers is around 38 years old. Almost half of all filers file jointly as a couple while 30% of women file alone and 26% of men file for bankruptcy alone.
As evidence of a sign of the times, two thirds of bankruptcy filers reported that they lost their job. Half of the filers have suffered some sort of serious health problems. If you are a bankruptcy filer and have not been affected by a serious health condition then chances are that you have been plagued by some other monstrous epidemic. For example, research reveals that more than 90% of filers have suffered either a job loss, major medical event, or a marital divorce. That is pretty solid evidence that bankruptcy is being utilized by people who have been severely impacted by circumstances that are out of their control. That was actually the intention of policy makers when they passed the Bankruptcy Abuse Prevention and Consumer Protection Act.
Bankruptcy is not a phenomenon that affects only poverty stricken, undereducated, working class individuals. Studies also show that bankruptcy filers are slightly more educated that the rest of the American population. With the amount of bankruptcy filers last year alone, 1,416,902, it is clear that bankruptcy, as a national epidemic, is not discriminatory in any way.

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