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Monday, February 9, 2009

Bankruptcy Chapter Seven Exemption - Why is it important

By Robert King

Do you have debts that are hard to pay? If so, you may not have any option other than filing for bankruptcy. Many defaulters choose to file for Chapter 7 Bankruptcy. Chapter 7 is a 'liquidation' of all the non-exempt assets which would be an avenue to pay all your debts. The process is fully supervised, and the court will appoint a trustee to get sales from all the non-exempt assets of the debtor and use the sales proceeds to pay off the various creditors. Bankruptcy chapter 7 exemptions means that there are assets that the courts will not touch when chapter 7 bankruptcy is filed. Although chapter 7 is the least favorite method of bankruptcy, with the help of exemptions, you can effectively reduce your personal damage and you don't have to sell everything.

The debtor will review the state exemption list given to the debtor and learn which property to keep. This list is found in the Federal Bankruptcy Code. All the property of the debtor will be divided as exempt or non-exempt when the state trustee files a property exemption report. The exemptions are not across the board and the law can be very different in some states, but the basic laws should remain unchanged.

Debts that are classified as secured debts will be paid first. As for debts that are unsecured, there is a chance that the creditors may not get paid at all. The trustee is authorized to decide who gets the payment first, based on the law. One thing to note, if you want to file bankruptcy chapter 7 exemptions, the debtor must file the case in the state where he/she resides for a period of 730 days before he/she can file for this type of bankruptcy. Alternatively, the defaulter 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. Take note that not all the benefits are available in all states.

Bankruptcy is probably the worst scenario, your credit score may take a major hit because of a filing of bankruptcy. Not only you will lose all your personal belongings and you need start all over again in your life. 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 as it can help you reduce your personal loss of assets and get to pay off your debts as soon as possible.

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