Sunday 11 October 2015

Bankruptcy Exemption - Clay Serenbetz


Bankruptcy exemptions can make a dramatic difference in your bankruptcy proceeding whether you are filing Chapter 7 or Chapter 13. While the result for having an exemption is different for each type of bankruptcy filing, both help the consumer keep more – either property or money.

Definition
Bankruptcy exemptions keep certain assets away from the bankruptcy trustee. Some exemptions exist to protect specific property, such as an automobile. However, other exemptions exist to protect an asset’s entire value or a portion of the asset’s value. The more exemptions a person can receive, the better off they usually are. Additionally, consumers do not have to worry about this asset or its value affecting their bankruptcy case.

Chapter 7 Bankruptcy Exemptions
Chapter 7 bankruptcies take the property that consumers currently own, sell it off and pay down as much debt as possible. In a Chapter 7 bankruptcy, a bankruptcy trustee has the power to sell assets in a consumer’s bankruptcy estate.

Chapter 13 Bankruptcy Exemptions
Chapter 13 bankruptcies permit consumers to retain their property while they reorganize their debts. However, the amount that they are required to pay each month to creditors is dependent on, in part, the property that they can exempt. Then, the consumers must pay the value of their nonexempt assets to unsecured creditors. Having more exemptions allows consumers to reduce the amount that they have to pay to these creditors.


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