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Monday, February 9, 2009

Bankruptcy Chapter Seven Exemption - Why is it important

By Robert King

When your debts are too much to bear, you may not have any option other than filing for bankruptcy. There are many people who opts for Chapter 7 Bankruptcy. This chapter involved selling all your non-exempted assets that will gives you a way to pay off all your debts. As this is a supervised procedure, the court will appoint a personnel who has the authority to sell all the non-exempt assets of the debtor and distributes between the creditors. Bankruptcy chapter 7 exemptions means that there are assets that you get to keep when filing for bankruptcy. It is true that chapter 7 tend to help the debtors more and with the law of exemptions, a debtor could have a chance to reduce their personal liability and will be able to keep some of their belongings.

The debtor selects property that he/she is eligible to keep from a list containing state exemptions or exemptions provided in the Federal Bankruptcy Code. The property shall be separated as exempt or non-exempt when the state trustee files a property exemption report. Take note that while the basic law may be the same, some exemptions may vary in other states.

Debts that are classified as secured debts will be paid first. As for debts that are unsecured, it is possible 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 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. 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 some Federal exemptions and they can include 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.

Bankruptcy is probably the worst scenario, your credit score will have a major impact because of a filing of bankruptcy. You will lose most of your possessions and you need start a new leaf, both personal and business wise. Always consider other options before you look at bankruptcy.

If, unfortunately, you have no other options, then get to find out more about bankruptcy chapter 7 exemptions that can help reduce your loss and make use of it in a way to help get back on your feet at the earliest.

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