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Saturday, February 14, 2009

Do not miss out Bankruptcy Chapter Seven Exemption

By Sim Lewis

When your debts are too much to bear, the hardest part could be filing for bankruptcy. Many people prefer Chapter 7 Bankruptcy. In this chapter, all your non-exempted assets will be sold or liquidated that will gives you a way to pay off all your debts. The process is fully supervised, and the court will appoint a personnel who has the authority to sell all the non-exempt assets owned by the debtor and distributes between the 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 can effectively reduce your personal damage and still get to keep some stuff.

The debtor selects property that he/she is eligible to keep from a list containing state exemptions or exemptions provided in the Federal Bankruptcy Code. The debtor's property will 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.

In paying off the debts, the secured debts are first to be in line. As for unsecured debts, it can be possible that the creditors may not get paid at all. The trustee makes sure that the right creditors get the deserved money in the right way. 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 spent most of the 180 period prior to the 2-year period.

There are some Federal exemptions and they can include retirement benefits, death disability benefits, survivor's benefits and miscellaneous. Although, keep in mind that these may not be available in all states.

Bankruptcy is probably the worst scenario, your credit score will have a major impact because there is a bankruptcy filing. Not only you will lose all your personal belongings and you need start a new leaf, both personal and business wise. Remember that there should be other alternatives before bankruptcy.

Of course, if you are left with no alternatives, then it will help to learn more about bankruptcy chapter 7 exemptions that can help reduce your loss and use the law to help you get back your life as soon as possible.

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