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Monday, February 9, 2009

A Look at Chapter Seven Exemptions

By Jim Peters

Do you have debts that are hard to pay? If so, the hardest part could be filing for bankruptcy. A lot of people like Chapter 7 Bankruptcy. In this chapter, all your non-exempted assets will be sold or liquidated that can ultimately be an effective way for you to pay off all your existing debts. This chapter is supervised by the authority and the court will appoint a personnel who has the authority to sell all the non-exempt assets of the defaulter and appropriate the sales money to various 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 the help of exemptions, a debtor can bring their personal damage to the minimum and you don't have to sell everything.

The debtor keeps the property that he is allowed to keep. This list will be provided 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. In some states, the exemption laws can be different but the basic structure of the law should be the same.

Debts that are classified as secured debts will be paid first. As for debts that are unsecured, it is possible that the creditors of unsecured debts may not get the full payment. The trustee makes sure that the right creditors get the deserved money in the right way. 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 filing 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.

There are some Federal exemptions and they can include retirement benefits, death disability benefits, survivor's benefits and miscellaneous. Remember that in some states, not all the benefits are available.

Yes, bankruptcy is not a good alternative and worst still, 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.

Unfortunately, if you are in the dired situation, then get to find out more about bankruptcy chapter 7 exemptions as your personal loss can be reduced to a minimum, and get to pay off your debts as soon as possible.

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