All states have a set of exemptions that can be used by the debtor to protect specific types and amounts of real and personal property in a bankruptcy or lawsuit action. Creditors rarely use a lawsuit judgment to seize personal property such as household goods exempt or not, the process is just not worth the effort. The exception is if the property is collateral for the debt, for example a big screen TV bought on a merchant account such as Sears. In bankruptcy the decision is made by how the trustee chooses to determine the status of such property under the state and/or federal exemptions.
Property is that which an individual owns. Real property is real estate, land, investment/rental properties, homes, etc. Personal property is jewelry, art, automobiles, valuable collections, cash and financial assets other than real property.
Assets
A debtor surrenders or forfeits any non-exempt assets: These assets are usually in the form of personal belongings or property and are treated differently from state to state. In most states, filers can keep most personal items and household goods, while property exemptions vary. Absent the ability of the debtor to maintain payment in full on real property assets, these assets are usually forfeited.
In a civil judgement, assets that can be seized typically include bank accounts, real estate, vehicles, and personal property.
Assets that can be seized if you are sued include money in bank accounts, real estate, vehicles, investments, and valuable personal property.
A brokerage account is considered personal property, not real property. Personal property refers to movable assets that are not attached to land or buildings, while real property pertains to land and anything permanently affixed to it. The securities and cash held within a brokerage account are classified as personal property because they can be bought, sold, or transferred independently of real estate.
Foreclosure on an investment property typically results in the loss of that specific property, but it generally does not directly result in the seizure of other personal real property or assets. However, if the borrower has personally guaranteed the loan or if there are other financial obligations tied to the investment property, creditors may pursue other assets to recover their losses. Additionally, if the foreclosure leads to a deficiency judgment due to an unpaid mortgage balance, this could potentially impact the borrower's other assets. Always consult a legal expert for specific cases.
A limited liability company, or LLC, is its own entity and can possess assets, property, and liability. This allows you shield your personal assets from the assets of the limited liability company.
Personal assets is assets that are owned by a person. Company assets are assets that are own by the company.
The judgment is against the person, not the property.
In community property states there are exceptions to the general rule that items are classified as community property. The following are the most common types of assets that are exceptions to the community property rule: * Assets acquired before marriage * Assets acquired as a personal gift * Assets acquired through inheritance So the stock portfolio and the income derived from it is separate property until you actively do something to make it community.
Property in probate is maintained by other assets in the estate or by the heirs if they want to keep the property when there are no other assets that can be used for maintenance.Property in probate is maintained by other assets in the estate or by the heirs if they want to keep the property when there are no other assets that can be used for maintenance.Property in probate is maintained by other assets in the estate or by the heirs if they want to keep the property when there are no other assets that can be used for maintenance.Property in probate is maintained by other assets in the estate or by the heirs if they want to keep the property when there are no other assets that can be used for maintenance.