dimanche 15 mars 2009

Chapter 7 exemptions in bankruptcy

02:50 Posted by: Marokko Suche 0 comments

By Mark Lewis

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.

Chapter 7 involves selling the non exempted items and personal assets that can be used in order to pay off the debts. The entire procedure is supervised, thus, the authorities will have to appoint a particular officer, who will have to supervise and guide the liquidation of your assets and their distribution to the creditors.

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.

The individual has the right to choose some of the property which is included in the lists that contain the exemptions, as recognised by the Federal Bankruptcy Code. These items though can differ, depending on the state you live in, as many different assets are qualified and different limits are appointed, depending on the state laws and regulations.

Not all items can be included in the list; although this depends a lot on the state you live in, some items qualify as exemptions by default. According to the federal laws, household items up to 8625$ are exempt - 425$ per item ; the house can also qualify as an exemption, in the case that the debtor's equity is less than 16.150 and he still pays the mortgage normally.

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.

There are some items that by default cannot qualify as exemptions; these are boats, jewellery, expensive cars, houses with some serious equity and valuables in general. Most people also need to give up the 25% of their wages for a particular amount of time.

The debtor should file for bankruptcy and submit the exemption report in the state where he resides, provided that he lives there for more than 2 years. If he has moved from another state, he has the right to file for bankruptcy in the previous state if he stayed there from more than 180 days and up to 2 years.

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