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Complete Bankruptcy File $30
All of your Official Bankruptcy Records with your Discharge, and a Docket Report confirming your records are complete.
Schedules Pkg and Discharge $25
Includes your List of Creditors and all Schedules (A to J), your Voluntary Petition, and your Discharge or Dismissal.
Bankruptcy Discharge Papers $10
Get your Official Federal Bankruptcy Discharge Papers (or Dismissal) emailed to you within 1 business hour.
Bankruptcy Docket Report $10
The Bankruptcy Court’s Official Index of all records in your case, with the total page count, and court filing information.
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Can You Save Your Assets And Income During Bankruptcy? See Below ...

Saving Assets and Income During Bankruptcy

Keeping Your Resources During Bankruptcy

All debtors want to keep as much of their wealth and income as possible when they file for bankruptcy. Some assets must be returned to the creditors or the trustee to settle secured debt and some unsecured debt.

Debtors with excessively high incomes are required to file for bankruptcy in Chapter 13 to settle some of their debts.

Some assets can be saved because the bankruptcy law specifically protects them. Other assets can be saved if the debtor makes the appropriate arrangements. Sometimes it depends on what the state law stipulates.

These are some of the frequently asked questions about saving assets. Contact a bankruptcy attorney to obtain information about pensions, public benefits, and other items, as well as other details about these items, and to maximize the items and revenues that you can protect.

Saving Assets and Income During Bankruptcy

Can I Save My House?

Yes, if you file a Chapter 13 bankruptcy petition and submit a realistic restructuring plan, you should be able to save your home. The main requirements are that you (A) Make the monthly payments from the date of the bankruptcy declaration to the end of the repayment plan, and (B) you schedule a plan to get current within 3 to 5 years, while also paying a small percentage toward settling other debts.

Sometimes you can also renegotiate the loan. For example you can negotiate the renewal of payments or requesting a lower interest rate. There are several factors that a creditor will consider. These include the amount of the loan, the duration of the payments, the debtor’s equity in the home and the value of the home.

Debtors also have a personal exemption for their home. If the household is jointly owned by a spouse, the spouse (if the spouse applies for bankruptcy as well) may add their exceptions to the calculations.

For some mobile homes and homes of little value (perhaps because they are in need of repairs) the debtor can save the house.

If the debtor cannot save the dwelling directly through personal exemptions, the debtor will receive the present value of the exemptions when the dwelling is sold, provided the dwelling is worth more than the exemption.

Some government exceptions are higher than federal exceptions. A good lawyer can inform a debtor how to use the government exceptions to save the home if the exceptions are high enough.

Can I Save My Car?

Yes, debtors can save their car in Chapter 13 bankruptcy by pledging to continue their monthly payments and pay it off over a 3 to 5 year period.

Debtors can save their car in Chapter 7 bankruptcy when they submit a reaffirmation. A reaffirmation agreement means that the debtor is willing to pay only for the car, even after the other bankruptcy debts have been released. If the debtor does not pay, the car can be confiscated.

Debtors can also use their personal exceptions to keep their car. For most debtors it’s a personal exemption allowance by the Federal Bankruptcy Act in the amount of $ 3,750. If the debtor's share is under the exemption, he should be able to keep the car.

Can I Keep My Furniture and Jewelry?

Yes, in the same manner that a debtor can keep a car, the debtor may keep furniture. The main difference is that the exemption dollar amount is different. In the same way, debtors only have to pay the value of the furniture (not the entire loan) when they request a reorganization under Chapter 13.

Can I Save The Tools Of My Trade?

Yes, you may file a reorganization plan in accordance with Chapter 13, sign a reaffirmation agreement for Chapter 7, or exercise the personal exemption allowable. The unused portion of the family property exemption, up to $ 11,500, can also be used to store trade tools.

Can I Keep My Retirement Benefits?

Yes, for the most part. Typical pension accounts are protected. Standard IRAs and Roth IRAs have a maximum limit as well.

Can I Keep My Unemployment Benefit?

Unemployment benefits may be considered as income or social benefits. It really depends on where you live and what the bankruptcy court says these benefits constitute given your location.

Generally you have to include unemployment in your forms. In many places the unemployment benefit is used as part of the resource test.

Can I Keep My Disability Payments?

General SSDI (Social Security Disability Income) and SSI (Supplemental Security Income) are designed to help people who have no income. For this reason, lump sum payments and monthly payments are generally protected. It is still advisable to ensure that a bankruptcy lawyer formally requests that payments be released.

Other disability benefits, such as Employee compensation, may vary from state to state. Most states protect workers' compensation payments before paying to creditors. Remunerations for employees are usually part of the media testing process.

Disclaimer: This Content Does Not Constitute Legal Advice

This article is for informational purposes only and should not be construed as legal advice. Consult with a licensed bankruptcy attorney if you are considering bankruptcy, or other competent counsel before pursuing the subject matter of this article. Collection laws vary from state to state.

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