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Monday, February 9, 2009

Bankruptcy Chapter Seven Exemption

By Jim Peters

If you have too much debts, filing for bankruptcy may be your only option. Many defaulters choose to file for Chapter 7 Bankruptcy. This chapter involved selling all your non-exempted assets which will 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 liquidates 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 cannot be sold when chapter 7 bankruptcy is filed. Although chapter 7 is the least favorite method of bankruptcy, with the law of exemptions, a debtor could effectively reduce your personal damage and you don't have to sell everything.

In this exemption 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 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.

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 may not get the money in full. The trustee is authorized to decide who gets the payment first, based on the law. To get 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.

Yes, bankruptcy is not a good alternative and worst still, your credit score will fall because of a filing of bankruptcy. 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.

Of course, if you are left with no alternatives, then remember to educate yourself about bankruptcy chapter 7 exemptions that can help reduce your loss and maximize the benefits of this law to pay off your debts fast.

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