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Examples of nonexempt assets that can be subject to liquidation: Additional home or residential property that is not your primary residence. Investments that are not part of your retirement accounts. An expensive vehicle(s) not covered by bankruptcy exemptions.
This means if there is more than $15,000 (or $30,000 in a joint filing) of equity in a house, it cannot be kept when filing for bankruptcy. Equity is the value of the house minus the balance due on the mortgage or mortgages on the house. To qualify, the property must be your residence, and it can include a mobile home.
What happens to my property if I file Chapter 7? You can protect $7,500 in personal property and $15,000 in equity on your house and land. If you are married, you can protect $30,000 in equity on your house and land. You can also keep exempt money, which includes social security, SSI and earned income disregards.
In addition, the Bankruptcy Code will allow the debtor to keep certain "exempt" property; but a trustee will liquidate the debtor's remaining assets. ingly, potential debtors should realize that the filing of a petition under chapter 7 may result in the loss of property.
Each state has a different dollar amount as a threshold for qualifying under the means test. In the State of Alabama: If you are single, live alone, and earn less than $39,768 per year ? you automatically qualify under the means test to file for Chapter 7 bankruptcy protection.
More than 95% of all Chapter 7 bankruptcy filers in the United Stateskeep all of their belongings. That's because the law protects certain property ? called exempt property ? from your lenders/creditors.
Disadvantages to a Chapter 7 Bankruptcy: If you want to keep a secured asset, such as a car or home, and it is not completely covered by your bankruptcy exemptions then Chapter 7 is not an option. The automatic stay created by filing Chapter 7 Bankruptcy only serves as a temporary defense against foreclosure.
While no specific cash exemption is listed in the federal bankruptcy exemptions, a wildcard exemption allows you to protect up to $1,325 in any property and use up to $12,575 of any unused portion of a homestead exemption to protect money.