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Tuesday, February 17, 2009

Why Bankruptcy Chapter Seven Exemption

By John Parker

If you have too much debts, there may be only one alternative, which is to file for bankruptcy. A lot of people like Chapter 7 Bankruptcy. This chapter involved selling all your non-exempted assets which would ultimately be an effective way for you to pay off all your existing debts. This chapter is supervised by the authority and the authority will appoint a trustee to liquidates the non-exempt assets of the defaulter and distributes between the creditors. Bankruptcy chapter 7 exemptions refers to assets that the creditors cannot touch when chapter 7 bankruptcy is filed. Although chapter 7 is the least favorite method of bankruptcy, with with the exemptions in place, a debtor can bring their personal damage to the minimum and will be able to keep some of their belongings.

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. The property shall be divided as exempt or non-exempt when a property exemption report is filed by the trustee. Take note that while the basic law may be the same, some exemptions may vary in other states.

Debts that are classified as secured debts will be paid first. As for debts that are unsecured, there are possibilities that the creditors of unsecured debts receive partial or no payment. The trustee is authorized to decide who gets the payment first, based on the law. In order to get bankruptcy chapter 7 exemptions, the debtor must file the case in the state where he/she resides for a period of 730 days before filing for this type of bankruptcy. Or the debtor may also file the case in a state where he/she has previously lived for more than 180 days, up to 2 years.

Federal exemptions may also be provided including retirement benefits, death disability benefits, survivor's benefits and miscellaneous. You should find out more about the Federal exemptions because not all the states are the same.

Yes, bankruptcy is not a good alternative and worst still, your credit score may take a major hit because there is a bankruptcy filing. Not only you will lose all your personal belongings and you need start all over again in your life. It must only be considered when there is no other option.

Unfortunately, if you are in the dired situation, then it will help to learn more about bankruptcy chapter 7 exemptions as you can reduce your personal loss and get to pay off your debts as soon as possible.

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