Today, many people see their debts mounting, without being able to keep up with monthly dues and without being able to pay them off. In this case, bankruptcy can be a good alternative, since it can allow them to sell a part of their assets so as to pay off their existing debts. However, there are the bankruptcy chapter 7 exemptions, which allow them to keep some of their personal items and assets.
Both in chapter 7 and 13 referring to bankruptcy, people can lose quite many of their possessions. This is absolutely expected, especially since the assets of the debtor are used to pay off some of his debts. Bankruptcy exemptions refer to the items that someone can keep, even if not all debts are eliminated. It is important for someone who intends to declare bankruptcy to check out his options, because the exemptions of chapter seven could prove to be a great solution.
Chapter 7 recognizes some exemptions, which could prove to be really beneficial to you; according to the exemptions, there are some assets that cannot be sold when the bankruptcy is officially filed. The great advantage of these exemptions is that you will manage to keep a great part of your assets and reduce the personal damage as much as possible. Some people do not actually need to sell many of their personal assets, depending on the state they are living in – since not all federal exemptions apply in all states and individual cases.
Bankruptcy exemptions give the debtor the chance to claim the assets that he needs, in order to make a fresh start. The basic federal exemptions, for instance, allow the debtor to keep certain amount of properties that do not exceed some particular value. All individuals who declare bankruptcy are required to submit a list, including the items that they want and intend to keep. The list is, then, given to the creditors and they can file their objections within thirty days, requesting the selling of particular items so as to pay off the debt.
Once the debtor files a list of the items he wants to keep, the property will be divided in two categories, the exempt and non exempt ones. According to the basic federal laws, the secured debts are supposed to be paid off first, while the lenders of unsecured loans might not get the full amount back, since the debtor has a right to some of the exemptions.
The debtor should file the bankruptcy chapter 7 exemptions in the state where he resides for two years to the date. If he has moved recently, he is supposed to file for bankruptcy in the state where he previously resided, in the case that he lived there for more than 180 days. In any case, the laws that will be taken under consideration are the laws of the state where he/she files for bankruptcy.
Pensions are completely excluded, while the 75% of wages is usually protected by law in almost all states. According to the deferral exemptions, some of the benefits for disability, death and retirement also qualify for exemptions.
In some cases cars might be excluded, depending on their condition and value. If the debtor files for bankruptcy with his/her spouse, he can probably raise the limit of the items’ value, something that will allow him to keep more of them. This depends on the state though, thus, the professional advice of a bankruptcy lawyer is more than necessary.
Bankruptcy Chapter 7 Exemptions is all about identifying what are the things to keep and what are the things that can be sold to pay off the debts. This exemption protects the debtors so that they are not left high and dry after the process is over. You should also understand a little more on Chapter 7 Bankruptcy too.