May 10, 2009
Why do people file for Chapter 7 Bankruptcy
When your debts are too much to bear, filing for bankruptcy may be your only avenue. A lot of people like file Chapter 7 Bankruptcy. Chapter 7 is a ‘liquidation’ of all the non-exempt assets that should gives you a chance to repay all your debts. As this is a supervised procedure, the authority will appoint a a person known as a trustee to get sales from all the non-exempt assets owned by the debtor and distributes between the creditors. Exemptions means that there are properties that the creditors cannot touch when filing for bankruptcy. It is true that chapter 7 tend to favor the debtors more and with the law of exemptions, a debtor can bring their personal liability to the least and keep some personal 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 separated as exempt or non-exempt when a property exemption report is filed by the trustee. State exemption laws can be different from one state to another although some basic laws may be the same.
In paying off the debts, the secured debts are first to be in line. As for unsecured debts, there is a chance that the creditors of unsecured debts may not get paid at all. The trustee is authorized to decide who gets the payment first, based on the law. In order to get bankruptcy chapter 7 exemptions, the defaulter must file the case in the state where the debtor lived for at least 730 days before filing for this type of bankruptcy. Or 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.
There are some Federal exemptions and they can include retirement benefits, death disability benefits, survivor’s benefits and miscellaneous. Take note that not all the benefits are available in all states.
This is most probably the worst form of bankruptcy, your credit score will fall because of it. Not only you will lose all your personal belongings and you need start a new leaf, both personal and business wise. It must only be considered when there is no other option.
If, unfortunately, you have no other options, then get to find out more about bankruptcy chapter 7 exemptions as you can reduce your personal loss and use the law to help you get back your life fast.
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