What happens to my assets in bankruptcy?
Despite the fear and misconceptions surrounding bankruptcy, many people find it to be a legitimate way of getting rid of their debts. Still, many people wonder about what will become of their assets if they declare bankruptcy. This concern is quite understandable, so we need to understand the basic forms of bankruptcy.
In chapter seven bankruptcy, your aim is to discharge, or wipe out, your debts completely. The downside, however, is that you may have to forfeit some of your assets in order to pay off at least part of your debt.
The other major form of bankruptcy is called chapter 13. Instead of just getting rid of your debt completely, chapter 13 is meant to form a payment plan to help you get back on track. This is often used to help people get caught up with their mortgage payments, and the repayment plan usually last 3 to 5 years. The good part about chapter 13 is that you don’t have to forfeit any of your assets.
As you can see, chapter seven would be the choice for most people who are trying to get rid of their debt. However, chapter 13 can be useful in certain cases such as trying to get caught up with your mortgage payments.
Of course, if you’re filing for bankruptcy, then you may not have many assets to speak of. In fact, in virtually all cases, no assets are forfeited for one of two reasons. Either the consumer doesn’t have any assets to sell, or they just aren’t worth enough to bother with.
Most people are mainly concerned with two common assets: the house and the car. In most cases, you’re covered to a certain extent by a homestead exemption. The details vary by state, and this also depends on how much your house is worth and how much you still owe on it.
You should realize that finding a good bankruptcy attorney is essential to help you file bankruptcy successfully. There are just too many details for you to try to figure everything out on your own.
Still, you should continue to learn as much as possible about your options from articles like this one before you speak with your lawyer. This can help you become a more informed consumer and get through the process more efficiently.
