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Sunday, February 1, 2009

What are bankruptcy assets?

By Josh Ramos

Bankruptcy serves as a real option for those who find themselves unable to pay off their debts. However, one of the main concerns that people have when it comes to bankruptcy is what will happen to their assets. To understand this, we must first explain the two most common forms of bankruptcy.

The most common form of bankruptcy is known as chapter seven bankruptcy, which is designed to completely do away with your debt problem. The disadvantage of this kind of bankruptcy is that you'll have to give up some of your assets (if you have any) to help pay your obligations.

The other major form of bankruptcy is called chapter 13. Instead of just getting rid of your debt completely, chapter 13 is meant to form a payment plan to help you get back on track. This is often used to help people get caught up with their mortgage payments, and the repayment plan usually last 3 to 5 years. The good part about chapter 13 is that you don't have to forfeit any of your assets.

As you can see, chapter seven is the best option if you wish to rid yourself of your debt entirely. The major problem with this, besides the damage to your credit, is liquidation. In other words, you will have to get rid of some of your assets to help pay creditors what you owe them.

Now, you probably don't have all that many assets if you've reached the point of filing for bankruptcy. It's no surprise that most chapter seven bankruptcy cases are considered no asset cases, which means that the consumer doesn't have anything worthwhile to sell.

That brings us to a question of the two principle assets that most people are concerned with: their house and their car. In most states, there is a homestead exemption which helps to protect the family's a house from creditors. However, the specifics depend on many factors including the state in which you reside, as well as a value of your house and how much you owe.

As we stated above, there are many details to be worked out, which is why it is so important for you to find a bankruptcy lawyer to help you through the process. Otherwise, you're unlikely to be able to navigate all of the legal jargon and reach your goal of debt relief.

However, it helps to learn as much as possible before speaking with your lawyer. You should continue to learn about your options with regards to bankruptcy from articles like this one.

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