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Saturday, February 14, 2009

Why Bankruptcy Chapter Seven Exemption

By Jim Peters

If you have too much debts, bankruptcy filing may be the only option for you. Many people prefer Chapter 7 Bankruptcy. This chapter involved selling all your non-exempted assets that will gives you a way to pay off all your debts. This chapter is supervised by the authority and the authority will appoint a a person known as a trustee to sell all the non-exempt assets owned by the defaulter and use the sales proceeds to pay off the various creditors. Bankruptcy chapter 7 exemptions means that there are assets that you get to keep when the bankruptcy is filed. Although chapter 7 is the least favorite method of bankruptcy, with the help of exemptions, you could bring their personal damage to the minimum and still get to keep some stuff.

The debtor keeps the property that he is allowed to keep. This list will be provided in the Federal Bankruptcy Code. The property shall be divided as exempt or non-exempt once the trustee files a property exemption report. State exemption laws can vary from one state to another although some basic laws may be the same.

In paying off the debts, the secured debts are first to be in line. As for unsecured debts, it is possible that the creditors may not get the full payment. The trustee is authorized to decide who gets the payment first, based on the law. Note that to enjoy the benefits of bankruptcy chapter 7 exemptions, the defaulter 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 debtor may also file the case in a state where he/she has spent most of the 180 period prior to the 2-year period.

Federal exemptions may also be provided including retirement benefits, death disability benefits, survivor's benefits and miscellaneous. Take note that not all the benefits are available in all states.

This is most probably the worst form of bankruptcy, your credit score will fall because of a filing of bankruptcy. Not only you will lose most of your possessions and you need start all over again in your life. Remember that there should be other alternatives before bankruptcy.

If, unfortunately, you have no other options, then try to learn more about bankruptcy chapter 7 exemptions as it can help you reduce your personal loss of assets and make use of it in a way to help get back on your feet at the earliest.

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